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28774 Federal Register / Vol. 68, No. 101 / Tuesday, May 27,
2003 / Rules and Regulations

RIN 2060–A174

National Emission Standards for
Hazardous Air Pollutants: Engine Test
Cells/Stands

AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.

SUMMARY: This action promulgates
national emission standards for
hazardous air pollutants (NESHAP) for
engine test cells/stands. We have
identified engine test cells/stands as
major sources of hazardous air
pollutants (HAP) such as toluene,
benzene, mixed xylenes, and 1,3butadiene.
The final NESHAP will
implement section 112(d) of the Clean
Air Act (CAA), which requires all major
sources of HAP to meet emission
standards reflecting the application of
the maximum achievable control
technology (MACT). The final NESHAP
will protect public health by reducing
exposure to air pollution.

Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 /
Rules and Regulations 28775

EFFECTIVE DATE: The final rule is
effective May 27, 2003. The
incorporation by reference of certain
publications listed in today’s final rule
is approved by the Director of the Office
of the Federal Register as of May 27,
2003.

ADDRESSES: Docket No. OAR–2002–
0040 contains supporting
documentation used in developing the
final rule. The docket is located at the
Air and Radiation Docket and
Information Center in the EPA Docket
Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW.,
Washington, DC and may be inspected

from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays.

FOR FURTHER INFORMATION CONTACT: Mr.
Jaime Paga´n, Combustion Group,
Emission Standards Division (C439–01),

U.S. EPA, Research Triangle Park, NC
27711; telephone number (919) 541–
5340; facsimile number (919) 541–0942;
electronic mail (e-mail) address
pagan.jaime@epa.gov.

SUPPLEMENTARY INFORMATION:

Regulated Entities. Subcategories and
entities potentially regulated by this
action include those listed in Table 1 of
this preamble. In general, engine test
cells/stands are covered under the
Standard Industrial Classification (SIC)
and North American Industrial
Classification System (NAICS) codes
listed in Table 1 of this preamble.
However, cells/stands classified under
other SIC or NAICS codes may be
subject to the final standards if they
meet the applicability criteria. Not all
cells/stands classified under the SIC and
NAICS codes in Table 1 of this preamble
will be subject to the final standards
because some of the classifications
cover products outside the scope of the
final NESHAP for engine test cells/
stands.

TABLE 1.—SUBCATEGORIES POTENTIALLY REGULATED BY
THE NESHAP FOR ENGINE TEST CELLS/STANDS

Test cells/stands used for testing SIC codes NAICS codes
Internal Combustion Engines with rated power
of 25 horsepower (hp) (19 kilowatts [kW]) or
more.
Internal Combustion Engines with rated power
of less than 25 hp (19 kW).
Combustion Turbine Engines .............................
Rocket Engines ..................................................
3531, 3519, 3523, 3559, 3599, 3621, 3711,
3714, 4226, 4512, 5541, 7538, 7539, 8299,
8711, 8731, 8734, 8741.
3519, 3621, 3524, 8734 ...................................
3511, 3566, 3721, 3724, 4512, 4581, 7699,
9661.
3724, 3761, 3764, 9661, 9711 ........................
333120, 333618, 333111, 333319, 335312,
336111, 336120, 336112, 336992, 336312,
336350, 481111, 811111, 811118, 611692,
54171, 541380.
333618, 336399, 335312, 332212, 333112,
541380.
333611, 333612, 336411, 336412, 481111,
488190, 811310, 811411, 92711.
336412, 336414, 336415, 54171, 92711,
92811

This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. To determine
whether your engine test cell/stand is
regulated by this action, you should
examine the applicability criteria in
§ 63.9285 of the final rule. If you have
any questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.

Electronic Docket (E-Docket). The
EPA has established an official public
docket for this action under Docket ID
No. OAR–2002–0040. The official
public docket is the collection of
materials that is available for public
viewing at the EPA Docket Center (Air
Docket), EPA West, Room B102, 1301
Constitution Avenue, NW., Washington,
DC 20460. The Docket Center is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Reading Room is (202) 566–1744, and
the telephone number for the Air Docket
is (202) 566–1742. A reasonable fee may
be charged for copying docket materials.

Electronic Access. An electronic
version of the public docket is available
through EPA’s electronic public docket
and comment system, EPA Dockets. You
may use EPA Dockets at http://
www.epa.gov/edocket/ to submit or

view public comments, access the index
of the contents of the official public
docket, and access those documents in
the public docket that are available
electronically. Once in the system,
select ‘‘search’’ and key in the
appropriate docket identification
number.

Certain types of information will not
be placed in the EPA Dockets.
Information claimed as confidential
business information and other
information whose disclosure is
restricted by statute, which are not
included in the official public docket,
will not be available for public viewing
in EPA’s electronic public docket. The
EPA’s policy is that copyrighted
material will not be placed in EPA’s
electronic public docket but will be
available only in printed, paper form in
the official public docket. Although not
all docket materials may be available
electronically, you may still access any
of the publicly available docket
materials through the docket facility
identified in this document.

Worldwide Web (WWW). In addition
to being available in the docket, an
electronic copy of today’s document
also will be available on the WWW.
Following the Administrator’s signature,
a copy of this action will be posted at
http://www.epa.gov/ttn/oarpg on EPA’s
Technology Transfer Network (TTN)
policy and guidance page for newly

proposed or promulgated rules. The
TTN provides information and
technology exchange in various areas of
air pollution control. If more
information regarding the TTN is
needed, call the TTN HELP line at (919)
541–5384.

Judicial Review. Under section
307(b)(1) of the CAA, judicial review of
the final rule is available only by filing
a petition for review in the U.S. Court
of Appeals for the District of Columbia
Circuit by July 28, 2003. Under section
307(d)(7)(B) of the CAA, only an
objection to the final rule that was
raised with reasonable specificity
during the period for public comment
can be raised during judicial review.
Moreover, under section 307(b)(2) of the
CAA, the requirements established by
the final rule may not be challenged
separately in any civil or criminal
proceedings brought by EPA to enforce
the requirements.

Outline. The information presented in
this preamble is organized as follows:

I. Background
A. What is the Source of Authority for
Development of NESHAP?
B. What Criteria Did We Use in the
Development of the NESHAP?
II. What Changes and Clarifications Have We
Made to the Proposed Standards?
A. Applicability
B. Affected Source
C. Compliance Dates
D. Reconstruction

28776 Federal Register / Vol. 68, No. 101 / Tuesday, May 27,
2003 / Rules and Regulations

E. New Source MACT
F. Monitoring Requirements
G. Cost and Economic Assumptions and
Impacts
H. Startup, Shutdown, and Malfunction
(SSM)
I. Emissions Averaging
J. Miscellaneous
III. What are the Final Standards?
A. What is the Source Category?
B. What is the Affected Source?
C. What are the Emission Limits?
D. What are the Initial Compliance
Requirements?
E. What are the Continuous compliance
Requirements?
F. What are the Notification,
Recordkeeping, and Reporting
Requirements?
IV. What are the Environmental, Energy,
Cost, and Economic Impacts?
A. What are the Air Impacts?
B. What are the Non-air Health,
Environmental, and Energy Impacts?
C. What are the Economic Impacts?
V. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132, Federalism
F. Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments
G. Executive Order 13045, Protection of
Children from Environmental Health and
Safety Risks
H. Executive Order 13211, Actions that
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Congressional Review Act
I. Background
A. What Is the Source of Authority for
Development of NESHAP?
Section 112 of the CAA requires us to
list categories and subcategories of
major sources and area sources of HAP
and to establish NESHAP for the listed
source categories and subcategories.
Engine test facilities were listed as a
source category under the fuel
combustion industry group, and rocket
engine test firing was listed as a source
category under the miscellaneous
processes industry group in the Federal
Register on July 16, 1992 (57 FR 31576).
These two source categories were
combined and renamed engine test
cells/stands in the Federal Register on
May 14, 2002 (67 FR 34547). Major
sources of HAP are those that have the
potential to emit greater than 10 tons
per year (tpy) of any one HAP or 25 tpy
of any combination of HAP.

B. What Criteria Did We Use in the
Development of the NESHAP?
Section 112 of the CAA requires that
we establish NESHAP for the control of

HAP from both new and existing major
sources. The CAA requires the NESHAP
to reflect the maximum degree of
reduction in emissions of HAP that is
achievable. This level of control is
commonly referred to as the MACT.

The MACT floor is the minimum
control level allowed for NESHAP and
is defined under section 112(d)(3) of the
CAA. In essence, the MACT floor
ensures that the standard is set at a level
that assures that all major sources
achieve the level of control at least as
stringent as that already achieved by the
better controlled and lower emitting
sources in each source category or
subcategory. For new sources, the
MACT standards cannot be less
stringent than the emission control that
is achieved in practice by the best
controlled similar source. The MACT
standards for existing sources can be
less stringent than standards for new
sources, but they cannot be less
stringent than the average emission
limitation achieved by the best
performing 12 percent of existing
sources in the category or subcategory
(or the best performing 5 sources for
categories or subcategories with fewer
than 30 sources).

In developing MACT, we also
consider control options that are more
stringent than the floor. We may
establish standards more stringent than
the floor based on the consideration of
cost of achieving the emissions
reductions, any non-air quality health
and environmental impacts, and energy
requirements.

II. What Changes and Clarifications
Have We Made to the Proposed
Standards?
In response to the public comments
received on the proposed standards, we
made several changes in developing the
final rule. Some of the comments and
our responses and rule changes are
summarized in the following sections.
The complete summary of comments
and responses can be found in the
Response to Comments document,
which is available from several sources
(see SUPPLEMENTARY INFORMATION
section).

A. Applicability
The final rule applies to an owner or
operator of engine test cells/stands
located at major sources of HAP
emissions. An engine test cell/stand is
any apparatus used for testing
uninstalled stationary or uninstalled
mobile (motive) engines. Because the
proposed rule did not include a
definition of uninstalled engine, many
commenters requested clarification of
uninstalled engine versus installed

engine testing in regards to determining
applicability of the final rule.

The final rule clarifies this
applicability issue. The final rule
regulates the testing of engines, not the
testing of any final product (e.g.,
automobile, boat, power generator, etc.).
If the engine being tested in a test cell/
stand is not installed in, or an integrated
part of, the final product, then the test
cell/stand is considered part of the
affected source.

This new clarification for uninstalled
also clarifies the applicability of testing
outboard motors. One of the comments
specifically stated that outboard motors
operated while detached from a boat
should not be considered uninstalled,
since ‘‘the engine remains coupled to
lower unit gear drive and propeller
without modification to its vessel-
installed configuration.’’

In the final rule, outboard motors are
considered installed when the engine is
coupled with the gear drive and
propeller. Therefore, a facility with
engine testing involving outboard
motors, in their vessel-installed
configuration, is not an affected source.

Another comment stated that large
diesel engines used in locomotives must
drive a load in order to be accurately
tested. The facility captures the work
produced by the engine by driving a
generator to provide the load and
utilizes the electric power. The
commenter wanted to assure that this
type of engine testing situation also
would not fall into a source category
pertaining to power production. We
agree with the comment and clarify that
the only applicable source category for
engine test cells/stands that utilize
incidentally produced power is the
Engine Test Cells/Stands NESHAP.

Two other comments prompted
specific applicability exclusions. One
comment from the petroleum refinery
industry stated that the engine test cells/
stands NESHAP should not apply to
petroleum refinery industry sources
using knock engine testing. Because
knock engines and other devices used
for testing fuels and lubricants at
refineries do not test the engine per se
but instead test the fuels and lubricants
for product quality and development
purposes, these engines are not covered.
The final rule specifically excludes test
cells that are operated to test or evaluate
fuels (such as knock engines),
transmissions, electronics, etc.

Another comment involved
universities with aviation programs
using engine test stands for education
purposes. The final rule specifically
excludes research and teaching
activities at major source facilities that
are not engaged in the development of

Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 /
Rules and Regulations 28777

engines or engine test services for
commercial purposes.

B. Affected Source
There were several comments
requesting that the definition of affected
source be revised to include all engine
test cells/stands located at a major
source. One commenter added that test
cells/stands are typically grouped
within a common building, often
sharing common manifolds.

The proposed rule defined the
affected source as any existing, new, or
reconstructed engine test cell/stand
used for testing uninstalled stationary or
uninstalled mobile (motive) engines that
is located at a major source of HAP
emissions.

The final rule includes a revised
definition of affected source in
accordance with the rationale in the
amended General Provisions (67 FR
16582): ‘‘A broader definition of affected
source permits emission requirements to
apply to a larger group of processes,
activities and equipment, and may
thereby facilitate more innovative and
economically efficient control
strategies.’’ (67 FR 16588). The final rule
defines an affected source as the
collection of all equipment and
activities associated with engine test
cells/stands used for testing uninstalled
stationary or uninstalled mobile
(motive) engines located at a major
source of HAP emissions.

C. Compliance Dates
Three commenters noted a
discrepancy between the language in the
proposed preamble and the proposed
rule concerning the compliance date.

An inadvertent error in the proposal
preamble language was made. The
proposal regulatory text was correct.
The final rule clarifies the compliance
date for existing sources as 3 years after
the effective (promulgation) date, and
the compliance date for new sources as
the effective date or upon startup,
whichever is later.

D. Reconstruction
One commenter specifically stated
that movement or relocation of portable
test stands within a facility should not
be considered reconstruction. We do not
consider movement or relocation of
portable test stands (or related
equipment) within a facility to be
reconstruction. The revised definition of
affected source in the final rule also
addresses this issue.

Three commenters had ideas for
specific activities to exclude from a
reconstruction determination. Two
commenters recommended that EPA
include a modified definition of

reconstruction in the final rule that
would add to the General Provisions
definition in 40 CFR 63.2 an exclusion
for the cost of replacement or
modification of components required to
demonstrate compliance with EPA’s
emission regulations contained in 40
CFR parts 89, 90, and 91. The
commenter stated that manufacturers
may be forced by regulation to invest in
new equipment for test cells and fall
under the definition of reconstruction in
order to comply with new EPA engine
requirements, even though such
improvements will not change the
capacity or emissions from the cell. A
specific definition of reconstruction
needs to be applied to engine test cells
that only counts costs incurred to
increase capacity or if the modification
results in increased HAP emissions. The
commenter further stated that EPA has
previously recognized this problem and
adopted a reasonable approach in the
final Large Municipal Waste Combustor
rule (40 CFR 60.50a(f) and 60.50b(d)),
and that the same reasoning could be
applied to engine test cells. Another
commenter specifically recommended
that EPA exclude passive measurement
and control instrumentation and
electronics from inclusion in a
reconstruction evaluation.

According to the recently amended
General Provisions, the definition of
affected source states, ‘‘Reconstruction,
unless otherwise defined in a relevant
standard, means the replacement of
components of an affected or previously
nonaffected source to such an extent
that:

(1) The fixed capital cost of the new
components exceeds 50 percent of the
fixed capital cost that would be required
to construct a comparable new source;
and
(2) It is technologically and
economically feasible for the
reconstructed source to meet the
relevant standard(s) established by the
Administrator (or a State) pursuant to
section 112 of the CAA. Upon
reconstruction, an affected source, or a
stationary source that becomes an
affected source, is subject to relevant
standards for new sources, including
compliance dates, irrespective of any
change in emissions of HAP from that
source.’’
Because of the diversity of engine test
cells/stands and test requirements used
by the various types of engine
manufacturers and industry sectors, it is
difficult to define what types of test
equipment and support equipment
comprise a new affected source (e.g.
actual engine test cell/stand) or
reconstructed affected source. We
cannot limit or define reconstruction to

include only those changes that will
increase capacity or HAP emissions
associated with the engine test cell/
stand because there is no way of
knowing how the engine test cell/stand
will be used in the future. However, we
do not consider equipment
reconfiguration to be reconstruction.

The regulations for Large Municipal
Waste Combustors in 40 CFR 60.50a(f)
and 60.50b(d) establish that physical or
operational changes made to an existing
unit primarily for the purpose of
complying with emission guidelines
under subpart Cb are not considered a
modification or reconstruction. We
recognize the precedent set by these
provisions with respect to the exclusion
of costs for required regulatory
modifications to comply with other EPA
regulations. We have reviewed the
regulatory language in these regulations
and conclude that it is appropriate to
provide a similar level of flexibility to
engine test cells/stands. In response to
these comments, the final rule includes
new language clarifying that changes
made to an existing affected source
primarily for the purpose of complying
with revisions to engine testing
requirements under 40 CFR parts 80, 86,
89, 90, 91, or 92 are not considered a
modification or reconstruction. We
agree with the commenter that it is
appropriate to exclude existing engine
test cells that are modified to meet
revisions under Title 40 provisions. We
believe that it is unnecessary to require
these existing test cells to install
emission control devices when
modifications are due to changes to the
federal mobile source regulations and
since those improvements will not
increase the capacity or the emissions
from the test cell/stand. Therefore, those
affected sources modified to meet
revisions to requirements in those parts
and subparts will not be subject to new
source MACT.

The final rule also includes language
that excludes passive measurement and
control instrumentation and electronics
from the reconstruction evaluation.

E. New Source MACT
Several commenters stated the
proposed new source emissions limits

(99.9 percent carbon monoxide (CO)
emission reduction or 5 parts per
million by volume CO outlet
concentration) were too stringent or not
attainable. The commenters further
stated that the limits should reflect real
world applications.
In the proposed rule, EPA used the
best information available at the time to
determine MACT for both new and
existing sources. The EPA reviewed the
additional test data submitted during

28778 Federal Register / Vol. 68, No. 101 / Tuesday, May 27,
2003 / Rules and Regulations

the comment period, as well as the
various comments describing test
conditions that are significantly
different from those used in previously
submitted test reports. The EPA also
evaluated other rules requiring similar
combustion control equipment. The
Paper and Other Web Coating NESHAP,
subpart JJJJ, has an option of meeting
overall emissions reductions of 98
percent. This destruction efficiency
achieved through thermal oxidation was
generally accepted as the ‘‘level of
control achievable on a continuous basis
under all normal operating conditions
applicable to new sources.’’ Therefore,
for that particular source category
(which involves coatings and cleaning
solvents), EPA determined that thermal
oxidation was the best control
technology and justified setting the
emission limits for thermal oxidizers at
98 percent control efficiency or,
alternatively, achieving an outlet
concentration of 20 parts per million or
less.

With this control technology limit in
mind, EPA compared the two source
categories for similarities and/or
differences that could lead to a
comparable level of destruction
efficiency for engine test cells/stands.
Coating operations covered by the Paper
and Other Web Coating NESHAP
contain large concentrations of solvents
that are easily removed through thermal
oxidation. Engine testing by-products,
on the other hand, are the result (byproducts)
of an incomplete combustion
process, and HAP are typically emitted
in significantly lower concentrations
than surface coating and solvent
cleaning emissions. As noted by the
commenters, there are a variety of fuels
and test conditions used at different
sources for several types of engine tests.
(A summary of the submitted test
reports and emissions data is included
in the docket.) In reviewing the test data
submitted by the commenters, we found
that even though some of the test reports
showed very high destruction
efficiencies for thermal oxidizers, the
best controlled facilities were only being
required to meet 95 percent or 96
percent control volatile organic
compounds (VOC), based on their
operating permit requirements. These
levels of control take into consideration
differences in operating conditions for
engine test cells/stands. After reviewing
the comments and information
submitted, we conclude that a
maximum control level of 96 percent is
appropriate once we consider the
differences in HAP emission levels from
engines tested, the testing conditions,
and also the need to account for

measurement uncertainties. We also
conclude that increased compliance
flexibility will result from the use of
total hydrocarbons (THC) (in addition to
CO) for demonstrating compliance.
Therefore, the new source emission
limits have been changed in the final
rule to 96 percent reduction for CO or
THC based on the updated test data,
additional test reports, and estimates
reflecting the most prevalent engine test
setups and conditions across all engine
testing sectors involving engines greater
than or equal to 25 horsepower (hp).

F. Monitoring Requirements
Several commenters requested that
the continuous emissions monitoring
systems (CEMS) requirements be
eliminated or changed to parametric
monitoring. The commenters stated that
CEMS are too expensive and do not
provide any meaningful environmental
benefit to justify the capital costs to
install them on engine test stands. They
also pointed out that in other permitting
decisions and guidance documents, EPA
has determined that initial stack tests
followed by monitoring of operating
temperature is a proven and cost-
effective way of monitoring oxidizer
performance.

The EPA reviewed the monitoring
requirements in the proposal and
compared them with other similar
emission sources. The HAP emitted by
engine test cells are the result of
byproducts of incomplete combustion.
Thermal destruction of these HAP
occurs at temperatures between 590 °C
and 650 °C (1,100 °F and 1,200 °F), thus
making temperature an appropriate
parameter to monitor the destruction of
HAP. In the case of monitoring a
regenerative thermal oxidizer (RTO), the
temperature is monitored during the
initial performance test. After the RTO
meets the performance test requirements
and demonstrates compliance with the
applicable emission limit, the operating
temperature is continuously monitored
to verify the performance of the RTO. As
a result, we have concluded that
parametric monitoring is adequate for
ensuring compliance with the emission
limit. Thus, we have changed the
monitoring requirements in the final
rule to allow parameter (temperature)
monitoring for thermal oxidizers. Since
some facilities may already have
existing continuous monitoring
equipment in place, CEMS are still
included in the final rule as a
monitoring option.

G. Cost and Economic Assumptions and
Impacts
As a result of the changes to address
public comments, the final rule includes

a new estimation of cost impacts. The
final rule estimates there will be 18
affected source facilities at a cost of $3.2
million and a HAP reduction of 65.5
tpy.

H. Startup, Shutdown, and Malfunction
(SSM)
The proposed rule specifically
required affected sources to comply
with the applicable emission limitation
at all times, including SSM of the
engine test cells/stands. Many
commenters disagreed with these
provisions. One commenter requested
an exclusion for the startup period
during which a catalytic oxidizer comes
up to operating temperature. The
commenter also provided examples of
issues involving oxidizer malfunctions:

(1) Engines cannot be shut off
instantaneously, and excess emissions
can occur in the time that it takes to
complete an orderly and safe shutdown;
and (2) there are certain tests that must
be redone at large cost if they are
interrupted. An example piston scuff
test was described by the commenter as
taking about 90 minutes, and if the
engine is shutdown, the engine must be
rebuilt and the test rerun. In the case of
an oxidizer malfunction when such a
test is in progress, the commenter
requested that the operator be able to
complete the test without risk of
enforcement action.
The majority of emissions from engine
testing occur during the times that
would be covered by SSM provisions.
Therefore, to ensure that those
emissions are controlled, the SSM
provisions were excluded from the
proposed rule. Because the SSM
provisions apply to the process as well
as the control equipment, the impact of
the engine test NESHAP to minimize
HAP emissions would be significantly
reduced by adopting the SSM
provisions.

Based on the comments, the final rule
includes SSM provisions for any control
equipment and monitoring equipment
related to new or reconstructed affected
source emissions. The new language
references the General Provisions for
SSM procedures related to control
equipment. The time required for a
catalytic oxidizer to come up to
operating temperature is not covered by
the SSM provisions because engine
testing should not be conducted before
the minimum operating temperature
(determined during the initial
performance test) is achieved.

I. Emissions Averaging
We asked for comments on including
some type of averaging provisions, and
several commenters recommended that

Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 /
Rules and Regulations 28779

averaging provisions be included in the
final rule. We looked at existing rules
that include averaging provisions such
as the Petroleum Refineries NESHAP
(subpart CC), the Aluminum Reduction
Plants NESHAP (subpart LL), and the
Group IV Polymers and Resins NESHAP
(subpart JJJ) and found that these rules
allow averaging only between emission
sources covered under each specific
rule. In reviewing the comments and
considering different averaging options,
there were several issues that had to be
taken into account. First, in all previous
regulations that implemented an
averaging scheme, only processes
within the same source category were
considered and accounted for in the
averaging scheme. In other words, the
concept of emissions averaging has
always been considered and
implemented within a given source
category, and not across source
categories. Second, only existing
sources have been allowed to take part
in this type of flexibility option. This
decision not to allow new sources to
average their emissions is consistent
with the direction outlined in the
statute where new sources are expected
to reduce their emissions to a level
equivalent to that of the best controlled
similar source. Many facilities that
operate engine test cells/stands also
conduct other processes that emit HAP.
However, these other processes, such as
coating and cleaning, are not part of the
engine test cells/stands source category
and are already regulated under other
NESHAP.

For these reasons, we concluded that
averaging emissions is not an
appropriate option for this source
category. Therefore, the final rule
includes no averaging provisions.

J. Miscellaneous
Some commenters recommended that
the term engine test cell/stand be
defined to clarify that a rotary test firing
operation that holds numerous engines
is considered a single engine test cell/
stand. Changes to the definition of
affected source in the final rule provides
for the collection of all equipment and
activities associated with engine test
cells/stands, which would relieve the
necessity for specific language regarding
carousel testing setups.

It was also noted that the proposed
regulation wording regarding the initial
notification requirement for new or
reconstructed engine test cells/stands
used for testing internal combustion (IC)
engines with a rated power of less than
25 hp (19 kilowatts (kW)) was unclear
and confusing. Additional language was
added to those sections of the final rule
dealing with initial notifications to

clarify those requirements. Any new or
reconstructed source testing IC engines
with a rated power less than 25 hp must
submit an initial notification, but do not
have to comply with any of the other
final rule requirements.

III. What Are the Final Standards?
A. What Is the Source Category?
The final rule covers four
subcategories of engine test cells/stands
located at major source facilities: (1)
Engine test cells/stands used for testing
internal combustion engines with rated
power of 25 hp (19 kW) or more, (2)
engine test cells/stands used for testing
internal combustion engines with rated
power of less than 25 hp, (3) engine test
cells/stands used for testing combustion
turbine engines, and (4) engine test
cells/stands used for testing rocket
engines. The rated power criteria for
distinguishing between the two internal
combustion engine subcategories is
based on the largest engine (in terms of
rated power) that is tested in the engine
test cell/stand.

B. What Is the Affected Source?
The final rule applies to each affected
source, which is defined as the
collection of all equipment and
activities associated with engine test
cells/stands used for testing uninstalled
stationary or uninstalled mobile
(motive) engines located at a major
source of HAP emissions. An
uninstalled engine is defined as an
engine being tested in a test cell/stand
that is not installed in, or an integrated
part of, the final product. A major
source of HAP emissions is a plant site
that emits or has the potential to emit
any single HAP at a rate of 10 tons (9.07
megagrams) or more per year or any
combination of HAP at a rate of 25 tons

(22.68 megagrams) or more per year.
Each new or reconstructed affected
source used for testing internal
combustion engines with a rated power
of 25 hp (19 kW) or more that is located
at a major source of HAP emissions
must comply with the requirements in
the final rule. New or reconstructed
affected sources used for testing internal
combustion engines with a rated power
of less than 25 hp (19 kW) are not
required to comply with the emission
limitations in the final rule, but are
required to submit an Initial
Notification upon startup of the test
cells/stands.

New or reconstructed affected sources
used for testing combustion turbine
engines or new or reconstructed test
cells/stands used for testing rocket
engines are not required to comply with
the emission limitation or the

recordkeeping or reporting requirements
in the final rule.

Existing affected sources that are
located at major sources of HAP
emissions are not required to comply
with the emission limitations or the
recordkeeping or reporting requirements
in the final rule.

The final rule also does not apply to
engine test cells/stands that are located
at area sources of HAP emissions. An
area source is any source that is not a
major source of HAP emissions.

C. What Are the Emission Limits?
As the owner or operator of a new or
reconstructed affected source used in
whole or in part for testing internal
combustion engines with rated power of
25 hp (19 kW) or more and located at
a major source of HAP emissions, you
must comply with one of the following
two emission limitations by May 27,
2003 or upon startup if you start up
your affected source after May 27, 2003:

(1) Reduce CO or THC emissions in the
exhaust from the new or reconstructed
affected source to 20 parts per million
by volume dry basis (ppmvd) or less, at
15 percent oxygen (O2) content, or (2)
reduce CO or THC emissions in the
exhaust from the new or reconstructed
affected source by 96 percent or more.
Existing affected sources used in whole
or in part for testing internal
combustion engines with rated power of
25 hp (19 kW) or more and located at
a major source of HAP emissions are not
required to comply with the emission
limitations.
Finally, as mentioned earlier, new or
reconstructed affected sources used for
testing internal combustion engines
with a rated power of less than 25 hp
(19 kW), new or reconstructed affected
sources used for testing combustion
turbine engines, and new or
reconstructed affected sources used for
testing rocket engines are not required
to comply with either emission
limitation. In addition, neither existing
affected sources located at major sources
of HAP emissions nor new,
reconstructed, or existing affected
sources located at area sources of HAP
emissions are required to comply with
the emission limitations.

D. What Are the Initial Compliance
Requirements?
The initial compliance requirements
are different depending on whether you
demonstrate compliance with the outlet
concentration emission limitation or the
percent reduction emission limitation. If
you choose to comply with the outlet
concentration emission limitation, you
must conduct EPA Methods 3A and 10
of appendix A to 40 CFR part 60 for CO

28780 Federal Register / Vol. 68, No. 101 / Tuesday, May 27,
2003 / Rules and Regulations

measurement or EPA Method 25A of
appendix A to 40 CFR part 60 for THC
measurement. The final rule also
provides for an alternate test method
(ASTM D 6522–00) for testing engines
that burn natural gas as fuel. You must
demonstrate that the outlet
concentration of CO or THC emissions
from the new or reconstructed affected
source or emission control device is 20
ppmvd or less, corrected to 15 percent
O2 content, using the first 4-hour rolling
average after a successful performance
evaluation.

If you comply with the percent
reduction emission limitation, you must
conduct an initial performance test to
determine the capture and control
efficiencies of the equipment and to
establish operating limits to be achieved
on a continuous basis. The performance
test would have to be completed no later
than 180 days after the compliance date
for new or reconstructed affected
sources. You must demonstrate that the
reduction in CO or THC emissions is at
least 96 percent using the first 4-hour
rolling average after a successful
performance evaluation. Your inlet and
outlet measurements must be on a dry
basis and corrected to 15 percent O2
content.

If you use a capture system and add-
on control device, you determine both
the efficiency of the capture system and
the emission reduction efficiency of the
control device. To determine the
capture efficiency, you either verify the
presence of a potential to emit (PTE)
using EPA Method 204 of 40 CFR part
51, appendix M, or use one of the
protocols in 40 CFR 63.9320 of the final
rule to measure capture efficiency. If
you have a PTE and all engine testing
occurs within the enclosure and you
route all exhaust gases from the
enclosure to a control device, then you
assume 100 percent capture.

To determine the emission reduction
efficiency of the control device, you
conduct measurements of the inlet and
outlet gas streams. The test would
consist of three runs, each run lasting at
least 1 hour, using the following EPA
Methods in 40 CFR part 60, appendix A:

• Method 1 or 1A for selection of the
sampling sites;
• Method 2, 2A, 2C, 2D, 2F, or 2G to
determine the gas volumetric flow rate;
• Method 3, 3A, or 3B for gas analysis
to determine dry molecular weight;
• Method 4 to determine stack
moisture; and
• Method 25 or 25A to determine
organic volatile matter concentration.
Alternatively, any other test method or
data that have been validated according
to the applicable procedures in Method
301 of 40 CFR part 63, appendix A, and
approved by the Administrator could be
used.

E. What Are the Continuous Compliance
Requirements?
Several general continuous
compliance requirements apply to
affected sources required to comply
with the applicable emission limitation.
You are required to comply with the
applicable emission limitation at all
times, except during SSM of any control
equipment and associated monitoring
equipment related to the new or
reconstructed affected source emissions.
You must operate and maintain your air
pollution control equipment and
monitoring equipment according to
good air pollution control practices at
all times. You must conduct monitoring
at all times that the new or
reconstructed affected source is in
operation except during periods of
malfunction of the monitoring
equipment or necessary repairs and
quality assurance or control activities,
such as calibration drift checks.

For each new or reconstructed
affected source operation on which you
use a capture system and control device,
the continuous parameter monitoring
results for each month would affect your
compliance determination. If the
monitoring results indicate no
deviations from the operating limits and
there were no bypasses of the control
device, you assume the capture system
and control device are achieving the
same percent emission reduction
efficiency as during the most recent
performance test in which compliance
was demonstrated. If there are any
deviations from the operating limits
during the month or any bypasses of the
control device, you account for them in
the calculation of the monthly
emissions by assuming the capture
system and control device were
achieving zero emission reduction
during the periods of deviation. Then,
you determine the overall percent
reduction of CO or THC emissions.

If you use an emission capture system
and control device, the final rule would
require you to achieve, on a continuous
basis, the operating limits you establish
during the performance test. If the
continuous monitoring shows that the
capture system and control device is
operating outside the range of values
established during the performance test,
you have deviated from the established
operating limits.

If you operate a capture system and
control device that allow emissions to
bypass the control device, you have to
demonstrate that CO or THC emissions
collected by the capture system are
being routed to the control device by

monitoring for potential bypass of the
control device. You may choose from
the following four monitoring
procedures:

• Flow control position indicator to
provide a record of whether the exhaust
stream is directed to the control device;
• Car-seal or lock-and-key valve
closures to secure the bypass line valve
in the closed position when the control
device is operating;
• Valve closure monitoring to ensure
any bypass line valve or damper is
closed when the control device is
operating; or
• Automatic shutdown system to stop
the engine test cell/stand operation
when flow is diverted from the control
device.
If the bypass monitoring procedures
indicate that emissions are not routed to
the control device, you have deviated
from the emission limits.

To demonstrate continuous
compliance with either the percent
reduction or outlet concentration
emission limitation using continuous
parameter monitoring systems, you
must continuously monitor and record
the appropriate parameter, depending
on the control device used. The
operating parameter must not drop
below the level established by the
performance test in order to maintain
the reduction in CO or THC emissions
at or above 96 percent, or 20 ppmvd or
less, corrected to 15 percent O2 content,
based on a rolling 4-hour average,
averaged every hour.

To demonstrate continuous
compliance with the outlet
concentration emission limitation using
CEMS, you must calibrate and operate
your CEMS according to the
requirements in 40 CFR 63.8. You must
continuously monitor and record the CO
or THC and O2 concentrations at the
outlet of the engine test cell/stand or
emission control device and calculate
the CO or THC emission concentration
for each hour. Then, the hourly CO or
THC emission concentrations for each
hour of the 4-hour compliance period
are averaged together. The outlet CO or
THC emission concentration must be 20
ppmvd or less, corrected to 15 percent
O2 content, based on the 4-hour rolling
average, averaged every hour.

To demonstrate continuous
compliance with the percent reduction
emission limitation using CEMS, you
must calibrate and operate your CEMS
according to the requirements in 40 CFR

63.8. You must continuously monitor
and record the CO or THC, and O2
concentration before and after the
emission control device and calculate
the percent reduction in CO or THC
emissions hourly. The reduction in CO
or THC emissions must be 96 percent or
more, based on the 4-hour rolling
average, averaged every hour.

For monitoring approaches using
CEMS, you must also follow procedure
1 of 40 CFR part 60, appendix F, to
verify that the CEMS is working
properly over time.

F. What Are the Notification,
Recordkeeping, and Reporting
Requirements?
You must submit all applicable
notifications listed in the NESHAP
General Provisions (40 CFR part 63,
subpart A), including an initial
notification, notification of performance
evaluation, and a notification of
compliance status for each engine test
cell/stand required to comply with the
emission limitations.

You must submit an initial
notification for each single or collection
of new or reconstructed engine test
cells/stands located at a major source of
HAP emissions used for testing internal
combustion engines with a rated power
of less than 25 hp (19 kW).

You must record all of the data
necessary to determine if you are in
compliance with the applicable
emission limitation. Your records must
be in a form suitable and readily
available for review. You must also keep
each record for 5 years following the
date of each occurrence, measurement,
maintenance, report, or record. Records
must remain on site for at least 2 years
and then can be maintained off site for
the remaining 3 years.

For each affected source, to comply
with the applicable emission limitation
you must submit a compliance report
semiannually. This report must contain
the company name and address, a
statement by a responsible official that
the report is accurate, a statement of
compliance, or documentation of any
deviation from the requirements of the
final rule during the reporting period.

IV. What Are the Environmental,
Energy, Cost, and Economic Impacts?
A. What Are the Air Impacts?
The final rule will reduce HAP
emissions in the 5th year following
promulgation by an estimated 59.5
megagrams per year (65.5 tpy).

B. What Are the Non-Air Health,
Environmental, and Energy Impacts?
Assuming that new or reconstructed
affected sources will be controlled by
regenerative thermal oxidizers (RTO),
secondary air and energy impacts would
result from fuel combustion needed to
operate these control devices.

The RTO require electricity and the
combustion of natural gas to operate and

maintain operating temperatures. By-
products of fuel combustion required to
generate electricity and maintain RTO
operating temperature include emission
of CO, nitrogen oxides (NOX), sulfur
dioxide (SO2), and particulate matter
less than 10 microns in diameter (PM10).
Assuming the electricity required for
RTO operation is generated at coal-fired
plants built since 1978 and using AP–
42 emissions factors, generation of
electricity required to operate RTO at an
estimated 18 new facilities would result
in the following increases in these air
pollutants: CO, 3.45 tpy; NOX, 8.15 tpy;
SO2, 4.15 tpy; and PM10, 0.45 tpy.

Energy impacts include the
consumption of electricity and natural
gas needed to operate RTO. The
estimated increase in electricity
consumption from the operation of
RTOs is 183,600 kilowatt-hour per year.
Increased fuel energy consumption
resulting from burning natural gas
would be 1,790,000 million British
thermal units per year. No significant
secondary water or solid waste impacts
would result from the operation of
emission control devices.

There would also be a very small
increase in fuel consumption expected
resulting from back pressure caused by
the emission control system.

C. What Are the Economic Impacts?
Based on the cost of compliance data
provided above, the final rule is not
expected to affect any of the existing
sources in the industries that use engine
test cells/stands, or test rocket engines.
We estimate that 18 facilities will
construct a total of 72 new engine test
cells/stands at large engine research and
development or production facilities in
the next 5 years, requiring controls to be
installed to comply with the final rule.
Six of the estimated facilities (with 24
of the new engine test cells/stands) are
anticipated to be built by auto, tractor,
and diesel engine manufacturers, while
12 of the facilities (with 48 engine test
cells/stands) are estimated to be built by
military facilities. The total compliance
cost to each facility, including control
equipment and monitoring, inspection,
recordkeeping and reporting costs, is
estimated to be $179,000 per year
(1999$). The auto, tractor, and diesel
engine manufacturing firms that are
expected to construct new engine test
cells/stands are large multi-national
firms; thus, the cost of compliance is
insignificant in comparison to firm
revenues. For example, the impact on
each firm is less than 0.0004 percent of
corporate revenues in 1999, or nearly
zero in percentage terms. Likewise, the
cost of compliance for military facilities
that may be affected is insignificant

when compared to facility operating
budgets. Therefore, the economic
impacts associated with the final rule
are considered to be negligible.

V. Statutory and Executive Order
Reviews
A. Executive Order 12866, Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
5173, October 4, 1993), EPA must
determine whether the regulatory action
is ‘‘significant’’ and, therefore, subject to
Office of Management and Budget
(OMB) review and the requirements of
the Executive order. The Executive
order defines ‘‘significant regulatory
action’’ as one that is likely to result in
standards that may:

(1) Have an annual effect on the
economy of $100 million or more or
adversely affect, in a material way, the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlement, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive order.
Pursuant to the terms of Executive
Order 12866, it has been determined
that the final rule does not constitute a
‘‘significant regulatory action’’ because
it does not meet any of the above
criteria. Consequently, this action was
not submitted to OMB for review under
Executive Order 12866.

B. Paperwork Reduction Act
The information collection
requirements in the final rule are being
submitted for approval to OMB under
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. An Information Collection
Request (ICR) document has been
prepared by EPA (ICR No. 1967.01), and
a copy may be obtained from Susan
Auby by mail at Office of Environmental
Information, Collection Strategies
Division (MD–2822T), 1200
Pennsylvania Avenue, NW., Washington
DC 20460, by e-mail at
auby.susan@epa.gov, or by calling (202)
566–1672. A copy may also be
downloaded from the Internet at
http://www.epa.gov/icr. The information
requirements are not effective until
OMB approves them.

The information requirements are
based on notification, recordkeeping,

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2003 / Rules and Regulations

and reporting requirements in the
NESHAP General Provisions (40 CFR
part 63, subpart A), which are
mandatory for all operators subject to
national emission standards. These
recordkeeping and reporting
requirements are specifically authorized
by section 114 of the CAA (42 U.S.C.
7414). All information submitted to EPA
pursuant to the recordkeeping and
reporting requirements for which a
claim of confidentiality is made is
safeguarded according to EPA policies
set forth in 40 CFR part 2, subpart B.

The final rule requires maintenance
inspections of the control devices but
does not require any notifications or
reports beyond those required by the
General Provisions. The recordkeeping
requirements involve only the specific
information needed to determine
compliance.

The monitoring, reporting, and
recordkeeping burden for this collection
(averaged over the first 5 years after the
effective date of the standards) is
estimated to be 4,800 labor hours per
year at a total annual cost of $221,000.
This estimate includes a one-time
(initial) control device performance
evaluation, annualized capital
monitoring equipment costs,
semiannual compliance reports,
maintenance inspections, notifications,
and recordkeeping. Total annual costs
associated with the new source control
and monitoring requirements over the
period of the ICR are estimated at $3.2
million.

Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purpose of
collecting, validating, and verifying
information; adjust the existing ways to
comply with any previously applicable
instructions and requirements; train
personnel to respond to a collection of
information; search existing data
sources; complete and review the
collection of information; and transmit
or otherwise disclose the information.

An agency may not conduct or
sponsor a collection of information, and
a person is not required to respond to
such a collection, unless the collection
displays a currently valid OMB control
number. The OMB control numbers for
EPA’s regulations are listed in 40 CFR
part 9 and 48 CFR chapter 15.

C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
as Amended by the Small Business
Regulatory Enforcement Fairness Act of

1996 (SBREFA) 5 U.S.C. 601 et seq.,
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the Agency certifies
that the final rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations and small
governmental jurisdictions.

For purposes of assessing the impacts
of today’s final rule on small entities, a
small entity is defined as: (1) A small
business whose parent company has
either fewer than 500 employees if the
business is involved in testing marine
engines, or fewer than 1,000 employees
if the business is involved in the testing
of other types of engines (as defined by
the Small Business Administration); (2)
a small governmental jurisdiction that is
a government of a city, county, town,
school district, or special district with a
population of less than 50,000; or (3) a
small organization that is any not-forprofit
enterprise that is independently
owned and operated and is not
dominant in its field. Based on the
Small Business Administration
definitions, there are no small entities
affected by this NESHAP. Pursuant to
the provisions of 5 U.S.C. 605(b), we
hereby certify that the NESHAP, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities.

D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most cost-
effective, or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least

costly, most cost-effective, or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation of why that
alternative was not adopted. Before EPA
establishes any regulatory requirements
that may significantly or uniquely affect
small governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.

The EPA has determined that the final
rule does not contain a Federal mandate
that may result in expenditures of $100
million or more for State, local, and
tribal governments, in aggregate, or the
private sector in any one year, nor does
the final rule significantly or uniquely
impact small governments, because it
contains no requirements that apply to
such governments or impose obligations
upon them. Thus, the requirements of
the UMRA do not apply to the final rule.

E. Executive Order 13132, Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999) requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ are
defined in the Executive order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’

The final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. None of the
affected facilities are owned or operated
by State governments. Thus, the
requirements of section 6 of the
Executive Order 13132 do not apply to
the final rule.

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Rules and Regulations 28783

F. Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 6, 2000) requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ The final rule does not
have tribal implications, as specified in
Executive Order 13175, because tribal
governments do not own or operate any
sources subject to the amendments. We
know of one company that reported
operating engine test cells/stands that
are owned by an Indian tribal
government. However, these test cells/
stands are used for testing rocket
engines. Although test cells/stands used
for testing rocket engines are covered by
the final rule, test cells/stands used for
testing rocket engines are not required
to meet any emission limitation,
reporting, or recordkeeping
requirements. Thus, Executive Order
13175 does not apply to the final rule.

G. Executive Order 13045, Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045 applies to any
rule that EPA determines (1) is
‘‘economically significant’’ as defined
under Executive Order 12866, and (2)
the environmental health or safety risk
addressed by the rule has a
disproportionate effect on children. If
the regulatory action meets both criteria,
EPA must evaluate the environmental
health or safety effects of the planned
rule on children and explain why the
planned regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by EPA.

The EPA interprets Executive Order
13045 as applying only to regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Executive
order has the potential to influence the
regulation. The final rule is not subject
to Executive Order 13045, because it is
based on technology performance and
not on health or safety risks.

H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001) because it is not a significant
regulatory action under Executive Order
12866.

I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement

Act (NTTAA) of 1995 (Public Law 104–
113; 15 U.S.C. 272 note) directs EPA to
use voluntary consensus standards in
their regulatory and procurement
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures,
business practices) developed or
adopted by one or more voluntary
consensus bodies. The NTTAA directs
EPA to provide Congress, through
annual reports to the OMB, with
explanations when an agency does not
use available and applicable voluntary
consensus standards.

The final rule involves technical
standards. The EPA cites the following
standards in the final rule: EPA
Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G,
3, 3A, 3B, 4, 10, 10B, 25, 25A, 204,
204B,C,D,E and Performance
Specifications (PS) 3 and PS 4A.
Consistent with the NTTAA, EPA
conducted searches to identify
voluntary consensus standards in
addition to these EPA methods/
performance specifications. No
applicable voluntary consensus
standards were identified for EPA
Methods 1A, 2A, 2D, 2F, 2G, 204, 204B
through 204F, and PS 3 and PS 4A. The
search and review results have been
documented and are placed in the
docket (No. OAR–2002–0040) for the
final rule.

Two voluntary consensus standards
were identified as acceptable
alternatives to the EPA methods
specified in the final rule. The voluntary
consensus standard ASTM D6522–00,
Standard Test Method for the
Determination of Nitrogen Oxides,
Carbon Monoxide, and Oxygen
Concentrations in Emissions from
Natural Gas-Fired Reciprocating
Engines, Combustion Turbines, Boilers
and Process Heaters Using Portable
Analyzers is cited in the final rule as an
acceptable alternative to EPA Methods
3A and 10 for identifying carbon
monoxide and oxygen concentrations
for the final rule when the fuel is
natural gas.

The voluntary consensus standard
ANSI/ASME PTC 19.10–1981, Part 10
Flue and Exhaust Gas Analyses, is cited
in the final rule for its manual method
for measuring the oxygen, carbon
dioxide, and carbon monoxide content
of exhaust gas. This part of ANSI/ASME
PTC 19.10–1981 is an acceptable
alternative to Method 3B.

In addition to the voluntary
consensus standards EPA cites in the
final rule, the search for emissions
measurement procedures identified 13

other voluntary consensus standards.
The EPA determined that 11 of these 13
standards identified for measuring
emissions of the HAP or surrogates
subject to emission standards in the
final rule were impractical alternatives
to EPA test methods/performance
specifications for the purposes of the
final rule. Therefore, the EPA does not
intend to adopt these standards. The
reasons for the determinations of these
11 methods are discussed below.

The voluntary consensus standard
ASTM D3154–00, Standard Method for
Average Velocity in a Duct (Pitot Tube
Method), is impractical as an alternative
to EPA Methods 1, 2, 2C, 3, 3B, and 4
for the purposes of the final rule since
the standard appears to lack in quality
control and quality assurance
requirements. Specifically, ASTM
D3154–00 does not include the
following: (1) Proof that openings of
standard pitot tube have not plugged
during the test; (2) if differential
pressure gauges other than inclined
manometers (e.g., magnehelic gauges)
are used, their calibration must be
checked after each test series; and (3)
the frequency and validity range for
calibration of the temperature sensors.

The voluntary consensus standard
ASTM D3464–96 (2001), Standard Test
Method Average Velocity in a Duct
Using a Thermal Anemometer, is
impractical as an alternative to EPA
Method 2 for the purposes of the final
rule primarily because applicability
specifications are not clearly defined,
e.g., range of gas composition,
temperature limits. Also, the lack of
supporting quality assurance data for
the calibration procedures and
specifications, and certain variability
issues that are not adequately addressed
by the standard limit EPA’s ability to
make a definitive comparison of the
method in these areas.

The voluntary consensus standard
ISO 10780:1994, Stationary Source
Emissions—Measurement of Velocity
and Volume Flowrate of Gas Streams in
Ducts, is impractical as an alternative to
EPA Method 2 in the final rule. The
standard recommends the use of an L-
shaped pitot, which historically has not
been recommended by EPA. The EPA
specifies the S-type design, which has
large openings that are less likely to
plug up with dust.

The voluntary consensus standard,
CAN/CSA Z223.2–M86(1986), Method
for the Continuous Measurement of
Oxygen, Carbon Dioxide, Carbon
Monoxide, Sulphur Dioxide, and Oxides
of Nitrogen in Enclosed Combustion
Flue Gas Streams, is unacceptable as a
substitute for EPA Method 3A since it
does not include quantitative

28784 Federal Register / Vol. 68, No. 101 / Tuesday, May 27,
2003 / Rules and Regulations

specifications for measurement system
performance, most notably the
calibration procedures and instrument
performance characteristics. The
instrument performance characteristics
that are provided are nonmandatory and
also do not provide the same level of
quality assurance as the EPA methods.
For example, the zero and span/
calibration drift is only checked weekly,
whereas the EPA methods requires drift
checks after each run.

Two very similar standards, ASTM
D5835–95, Standard Practice for
Sampling Stationary Source Emissions
for Automated Determination of Gas
Concentration, and ISO 10396:1993,
Stationary Source Emissions: Sampling
for the Automated Determination of Gas
Concentrations, are impractical
alternatives to EPA Method 3A for the
purposes of the final rule because they
lack in detail and quality assurance/
quality control requirements.
Specifically, these two standards do not
include the following: (1) Sensitivity of
the method; (2) acceptable levels of
analyzer calibration error; (3) acceptable
levels of sampling system bias; (4) zero
drift and calibration drift limits, time
span, and required testing frequency; (5)
a method to test the interference
response of the analyzer; (6) procedures
to determine the minimum sampling
time per run and minimum
measurement time; and (7)
specifications for data recorders, in
terms of resolution (all types) and
recording intervals (digital and analog
recorders, only).

The voluntary consensus standard
ISO 12039:2001, Stationary Source
Emissions—Determination of Carbon
Monoxide, Carbon Dioxide, and
Oxygen—Automated Methods, is not
acceptable as an alternative to EPA
Method 3A. This ISO standard is similar
to EPA Method 3A, but is missing some
key features. In terms of sampling, the
hardware required by ISO 12039:2001
does not include a three-way calibration
valve assembly or equivalent to block
the sample gas flow while calibration
gases are introduced. In its calibration
procedures, ISO 12039:2001 only
specifies a two-point calibration while
EPA Method 3A specifies a three-point
calibration. Also, ISO 12039:2001 does
not specify performance criteria for
calibration error, calibration drift, or
sampling system bias tests as in the EPA
method, although checks of these
quality control features are required by
the ISO standard.

The standard, ASTM D3162 (1994)
Standard Test Method for Carbon
Monoxide in the Atmosphere
(Continuous Measurement by
Nondispersive Infrared Spectrometry),

is impractical as an alternative to EPA
Method 10 in the final rule because this
ASTM standard, which is stated to be
applicable in the range of 0.5–100 ppm
CO, does not cover the range of EPA
Method 10 (20–1,000 ppm CO) at the
upper end (but states that it has a lower
limit of sensitivity). Also, ASTM D3162
does not provide a procedure to remove
carbon dioxide interference. Therefore,
this ASTM standard is not appropriate
for combustion source conditions. In
terms of non-dispersive infrared
instrument performance specifications,
ASTM D3162 has much higher
maximum allowable rise and fall times
(5 minutes) than EPA Method 10 (which
has 30 seconds).

The voluntary consensus standard
CAN/CSA Z223.21–M1978, Method for
the Measurement of Carbon Monoxide:
3—Method of Analysis by Non-
Dispersive Infrared Spectrometry, is not
acceptable as an alternative to EPA
Method 10 because it is lacking in the
following areas: (1) Sampling
procedures; (2) procedures to correct for
the carbon dioxide concentration; (3)
instructions to correct the gas volume if
CO2 traps are used; (4) specifications to
certify the calibration gases are within 2
percent of the target concentration; (5)
mandatory instrument performance
characteristics (e.g., rise time, fall time,
zero drift, span drift, precision); (6)
quantitative specification of the span
value maximum as compared to the
measured value: The standard specifies
that the instruments should be
compatible with the concentration of
gases to be measured, whereas EPA
Method 10 specifies that the instrument
span value should be no more than 1.5
times the source performance standard.

Two voluntary consensus standards,
EN 12619:1999 Stationary Source
Emissions—Determination of the Mass
Concentration of Total Gaseous Organic
Carbon at Low Concentrations in Flue
Gases—Continuous Flame Ionization
Detector Method, and ISO
14965:2000(E) Air Quality—
Determination of Total Nonmethane
Organic Compounds—Cryogenic
Preconcentration and Direct Flame
Ionization Method, are impractical
alternatives to EPA Method 25 and 25A
for the purposes of the final rule
because the standards do not apply to
solvent process vapors in concentrations
greater than 40 ppm (EN 12619) and 10
ppm carbon (ISO 14965). Methods
whose upper limits are this low are too
limited to be useful in measuring source
emissions, which are expected to be
much higher.

Two of the 13 voluntary consensus
standards identified in this search were
not available at the time the review was

conducted for the purposes of the final
rule because they are under
development by a voluntary consensus
body: ASME/BSR MFC 13M, Flow
Measurement by Velocity Traverse, for
EPA Method 2 (and possibly 1); and
ASME/BSR MFC 12M, Flow in Closed
Conduits Using Multiport Averaging
Pitot Primary Flowmeters, for EPA
Method 2.

Sections 63.9310, 63.9320, 63.9321
and 63.9322 to 40 CFR part 63, subpart
PPPPP, list the EPA testing methods
included in the regulation. Under 40
CFR 63.7(f) and 63.8(f) of subpart A of
the General Provisions, a source may
apply to EPA for permission to use
alternative test methods or alternative
monitoring requirements in place of any
of the EPA testing methods,
performance specifications, or
procedures.

J. Congressional Review Act
The Congressional Review Act (5

U.S.C. 801 et seq.), as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that, before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. The final rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 63

Environmental protection,
Administrative practice and procedure,
Air pollution control, Hazardous
substances, Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.

Dated: February 28, 2003.

Christine Todd Whitman,

Administrator.

For the reasons stated in the preamble,
title 40, chapter I, part 63 of the Code of
the Federal Regulations is amended as
follows:
PART 63—[AMENDED]

1. The authority citation for part 63
continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.

Subpart A—[Amended]

2. Section 63.14 is amended by adding
paragraph (b)(27) and revising paragraph
(i)(3) to read as follows:

Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 /
Rules and Regulations 28785

§ 63.14 Incorporation by reference.

* * * * *

(b) * * *
(27) ASTM D 6522–00, Standard Test
Method for Determination of Nitrogen
Oxides, Carbon Monoxide, and Oxygen
Concentrations in Emissions from
Natural Gas Fired Reciprocating
Engines, Combustion Turbines, Boilers,
and Process Heaters Using Portable
Analyzers, IBR approved for
§ 63.9307(c)(2).
* * * * *

(i) * * *
(3) ANSI/ASME PTC 19.10–1981,
‘‘Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],’’, IBR
approved for §§ 63.865(b),
63.3360(e)(1)(iii), 63.4166(a)(3),
63.4965(a)(3), 63.5160(d)(1)(iii),
63.9307(c)(2), and 63.9323(a)(3).
* * * * *

3. Part 63 is amended by adding subpart
PPPPP to read as follows:
Subpart PPPPP—National Emission
Standards for Hazardous Air Pollutants for
Engine Test Cells/Stands

What This Subpart Covers

Sec.

63.9280 What is the purpose of subpart
PPPPP?

63.9285 Am I subject to this subpart?

63.9290 What parts of my plant does this
subpart cover?

63.9295 When do I have to comply with
this subpart?

Emission Limitations

63.9300 What emission limitation must I
meet?

63.9301 What are my options for meeting
the emission limits?

63.9302 What operating limits must I meet?

General Compliance Requirements

63.9305 What are my general requirements
for complying with this subpart?

63.9306 What are my continuous parameter
monitoring system (CPMS) installation,
operation, and maintenance
requirements?

63.9307 What are my continuous emissions
monitoring system installation,
operation, and maintenance
requirements?

Testing and Initial Compliance
Requirements

63.9310 By what date must I conduct the
initial compliance demonstrations?

63.9320 What procedures must I use?

63.9321 What are the general requirements
for performance tests?

63.9322 How do I determine the emission
capture system efficiency?

63.9323 How do I determine the add-on
control device emission destruction or
removal efficiency?

63.9324 How do I establish the emission
capture system and add-on control
device operating limits during the
performance test?

63.9330 How do I demonstrate initial
compliance with the emission
limitation?

Continuous Compliance Requirements

63.9335 How do I monitor and collect data
to demonstrate continuous compliance?

63.9340 How do I demonstrate continuous
compliance with the emission
limitation?

Notifications, Reports, and Records

63.9345 What notifications must I submit
and when?
63.9350 What reports must I submit and

when?
63.9355 What records must I keep?
63.9360 In what form and how long must I

keep my records?

Other Requirements and Information

63.9365 What parts of the General
Provisions apply to me?
63.9370 Who implements and enforces this
subpart?
63.9375 What definitions apply to this
subpart?

Tables to Subpart PPPPP of Part 63

Table 1 to Subpart PPPPP of Part 63.
Emission Limitations
Table 2 to Subpart PPPPP of Part 63.
Operating Limits

Table 3 to Subpart PPPPP of Part 63.
Requirements for Initial
Compliance Demonstrations

Table 4 to Subpart PPPPP of Part 63.
Initial Compliance with Emission
Limitations

Table 5 to Subpart PPPPP of Part 63.
Continuous Compliance with
Emission Limitations

Table 6 to Subpart PPPPP of Part 63.
Requirements for Reports

Table 7 to Subpart PPPPP of Part 63.
Applicability of General Provisions
to Subpart PPPPP

Subpart PPPPP—National Emission
Standards for Hazardous Air Pollutants
for Engine Test Cells/Standards

What This Subpart Covers

§ 63.9280 What is the purpose of subpart
PPPPP?

This subpart PPPPP establishes
national emission standards for
hazardous air pollutants (NESHAP) for
engine test cells/stands located at major
sources of hazardous air pollutants
(HAP) emissions. This subpart also
establishes requirements to demonstrate
initial and continuous compliance with
the emission limitations contained in
this NESHAP.

§ 63.9285 Am I subject to this subpart?

You are subject to this subpart if you
own or operate an engine test cell/stand
that is located at a major source of HAP
emissions.

(a) An engine test cell/stand is any
apparatus used for testing uninstalled
stationary or uninstalled mobile
(motive) engines.

(b) An uninstalled engine is an engine
that is not installed in, or an integrated
part of, the final product.
(c) A major source of HAP emissions
is a plant site that emits or has the
potential to emit any single HAP at a
rate of 10 tons (9.07 megagrams) or more
per year or any combination of HAP at
a rate of 25 tons (22.68 megagrams) or
more per year.
§ 63.9290 What parts of my plant does this
subpart cover?

This subpart applies to each new,
reconstructed, or existing affected
source.

(a) Affected source. An affected
source is the collection of all equipment
and activities associated with engine
test cells/stands used for testing
uninstalled stationary or uninstalled
mobile (motive) engines located at a
major source of HAP emissions.
(1) Existing affected source. An
affected source is existing if you
commenced construction or
reconstruction of the affected source on
or before May 14, 2002. A change in
ownership of an existing affected source
does not make that affected source a
new or reconstructed affected source.
(2) New affected source. An affected
source is new if you commenced
construction of the affected source after
May 14, 2002.
(3) Reconstructed affected source. An
affected source is reconstructed if you
meet the definition of reconstruction in
§ 63.2 of subpart A of this part and
reconstruction is commenced after May
14, 2002. Changes made to an existing
affected source primarily for the
purpose of complying with revisions to
engine testing requirements under 40
CFR parts 80, 86, 89, 90, 91, or 92 are
not considered a modification or
reconstruction. In addition, passive
measurement and control
instrumentation and electronics are not
included as part of any affected source
reconstruction evaluation.
(b) Existing affected sources do not
have to meet the requirements of this
subpart and of subpart A of this part.
(c) Any portion of a new or
reconstructed affected source located at
a major source that is used exclusively
for testing internal combustion engines
with rated power of less than 25
horsepower (hp) (19 kilowatts(kW))
does not have to meet the requirements
of this subpart and of subpart A of this
part except for the initial notification
requirements of § 63.9345(b).
(d) Any portion of a new or
reconstructed affected source located at
a major source that meets any of the

28786 Federal Register / Vol. 68, No. 101 / Tuesday, May 27,
2003 / Rules and Regulations

criteria specified in paragraphs (d)(1)
through (4) of this section does not have
to meet the requirements of this subpart
and of subpart A of this part.

(1) Any portion of the affected source
used exclusively for testing combustion
turbine engines.
(2) Any portion of the affected source
used exclusively for testing rocket
engines.
(3) Any portion of the affected source
used in research and teaching activities
at facilities that are not engaged in the
development of engines or engine test
services for commercial purposes.
(4) Any portion of the affected source
operated to test or evaluate fuels (such
as knock engines), transmissions, or
electronics.
§ 63.9295 When do I have to comply with
this subpart?

(a) Affected sources.
(1) If you start up your new or
reconstructed affected source before
May 27, 2003, you must comply with
the emission limitations in this subpart
no later than May 27, 2003.
(2) If you start up your new or
reconstructed affected source on or after
May 27, 2003, you must comply with
the emission limitations in this subpart
upon startup.
(b) Area sources that become major
sources. If your new or reconstructed
affected source is located at an area
source that increases its emissions or its
potential to emit such that it becomes a
major source of HAP, your new or
reconstructed affected source must be in
compliance with this subpart when the
area source becomes a major source.
(c) You must meet the notification
requirements in § 63.9345 and in 40
CFR part 63, subpart A.
Emission Limitations

§ 63.9300 What emission limitations must I
meet?

For each new or reconstructed
affected source that is used in whole or
in part for testing internal combustion
engines with rated power of 25 hp (19
kW) or more and that is located at a
major source, you must comply with the
emission limitations in Table 1 to this
subpart. (Tables are found at the end of
this subpart.)

§ 63.9301 What are my options for meeting
the emission limits?

You may use either a continuous
parameter monitoring system (CPMS) or
a continuous emission monitoring
system (CEMS) to demonstrate
compliance with the emission
limitations. Continuous monitoring
systems must meet the requirements in
§ 63.9306 (CPMS) and § 63.9307
(CEMS).

§ 63.9302 What operating limits must I
meet?

(a) For any new or reconstructed
affected source on which you use add-
on controls, you must meet the
operating limits specified in Table 2 to
this subpart. These operating limits
must be established during the
performance test according to the
requirements in § 63.9324. You must
meet the operating limits at all times
after you establish them.
(b) If you use an add-on control
device other than those listed in Table
2 to this subpart, or wish to monitor an
alternative parameter and comply with
a different operating limit, you must
apply to the Administrator for approval
of alternative monitoring under § 63.8(f).
General Compliane Requirements

§ 63.9305 What are my general
requirements for complying with this
subpart?

(a) You must be in compliance with
the emission limitation that applies to
you at all times, except during periods
of startup, shutdown, or malfunction
(SSM) of your control device or
associated monitoring equipment.
(b) If you must comply with the
emission limitation, you must operate
and maintain your engine test cell/
stand, air pollution control equipment,
and monitoring equipment in a manner
consistent with good air pollution
control practices for minimizing
emissions at all times.
(c) You must develop and implement
a written SSM plan (SSMP) for emission
control devices and associated
monitoring equipment according to the
provisions in § 63.6(e)(3). The plan will
apply only to emission control devices,
and not to engine test cells/stands.
§ 63.9306 What are my continuous
parameter monitoring system (CPMS)
installation, operation, and maintenance
requirements?

(a) General. You must install, operate,
and maintain each CPMS specified in
paragraphs (c) and (d) of this section
according to paragraphs (a)(1) through
(7) of this section. You must install,
operate, and maintain each CPMS
specified in paragraph (b) of this section
according to paragraphs (a)(3) through
(5) of this section.
(1) The CPMS must complete a
minimum of one cycle of operation for
each successive 15-minute period. You
must have a minimum of four equally
spaced successive cycles of CPMS
operation in 1 hour.
(2) You must determine the average of
all recorded readings for each
successive 3-hour period of the
emission capture system and add-on
control device operation.

(3) You must record the results of
each inspection, calibration, and
validation check of the CPMS.
(4) You must maintain the CPMS at
all times and have available necessary
parts for routine repairs of the
monitoring equipment.
(5) You must operate the CPMS and
collect emission capture system and
add-on control device parameter data at
all times that an engine test cell/stand
is operating, except during monitoring
malfunctions, associated repairs, and
required quality assurance or control
activities (including, if applicable,
calibration checks and required zero
and span adjustments).
(6) You must not use emission capture
system or add-on control device
parameter data recorded during
monitoring malfunctions, associated
repairs, out-of-control periods, or
required quality assurance or control
activities when calculating data
averages. You must use all the data
collected during all other periods in
calculating the data averages for
determining compliance with the
emission capture system and add-on
control device operating limits.
(7) A monitoring malfunction is any
sudden, infrequent, not reasonably
preventable failure of the CPMS to
provide valid data. Monitoring failures
that are caused in part by poor
maintenance or careless operation are
not malfunctions. Any period for which
the monitoring system is out-of-control
and data are not available for required
calculations is a deviation from the
monitoring requirements.
(b) Capture system bypass line. You
must meet the requirements of
paragraphs (b)(1) and (2) of this section
for each emission capture system that
contains bypass lines that could divert
emissions away from the add-on control
device to the atmosphere.
(1) You must monitor or secure the
valve or closure mechanism controlling
the bypass line in a nondiverting
position in such a way that the valve or
closure mechanism cannot be opened
without creating a record that the valve
was opened. The method used to
monitor or secure the valve or closure
mechanism must meet one of the
requirements specified in paragraphs
(b)(1)(i) through (iv) of this section.
(i) Flow control position indicator.
Install, calibrate, maintain, and operate
according to the manufacturer’s
specifications a flow control position
indicator that takes a reading at least
once every 15 minutes and provides a
record indicating whether the emissions
are directed to the add-on control device
or diverted from the add-on control
device. The time of occurrence and flow
control position must be recorded, as
well as every time the flow direction is
changed. The flow control position
indicator must be installed at the
entrance to any bypass line that could
divert the emissions away from the add-
on control device to the atmosphere.

(ii) Car-seal or lock-and-key valve
closures. Secure any bypass line valve
in the closed position with a car-seal or
a lock-and-key type configuration. You
must visually inspect the seal or closure
mechanism at least once every month to
ensure that the valve is maintained in
the closed position, and the emissions
are not diverted away from the add-on
control device to the atmosphere.
(iii) Valve closure monitoring. Ensure
that any bypass line valve is in the
closed (nondiverting) position through
monitoring of valve position at least
once every 15 minutes. You must
inspect the monitoring system at least
once every month to verify that the
monitor will indicate valve position.
(iv) Automatic shutdown system. Use
an automatic shutdown system in which
the engine testing operation is stopped
when flow is diverted by the bypass line
away from the add-on control device to
the atmosphere when an engine test
cell/stand is operating. You must
inspect the automatic shutdown system
at least once every month to verify that
it will detect diversions of flow and shut
down the engine test cell/stand in
operation.

(2) If any bypass line is opened, you
must include a description of why the
bypass line was opened and the length
of time it remained open in the
semiannual compliance reports required
in § 63.9350.

(c) Thermal oxidizers and catalytic
oxidizers. If you are using a thermal
oxidizer or catalytic oxidizer as an add-
on control device, you must comply
with the requirements in paragraphs

(c)(1) through (3) of this section.
(1) For a thermal oxidizer, install a gas
temperature monitor in the firebox of
the thermal oxidizer or in the duct
immediately downstream of the firebox
before any substantial heat exchange
occurs.

(2) For a catalytic oxidizer, you must
install a gas temperature monitor in the
gas stream immediately before the
catalyst bed, and if you established
operating limits according to
§ 63.9324(b)(1) and (2), also install a gas
temperature monitor in the gas stream
immediately after the catalyst bed.
(i) If you establish operating limits
according to § 63.9324(b)(1) and (2),
then you must install the gas
temperature monitors both upstream
and downstream of the catalyst bed. The
temperature monitors must be in the gas
stream immediately before and after the
catalyst bed to measure the temperature
difference across the bed.

(ii) If you establish operating limits
according to § 63.9324(b)(3) and (4),
then you must install a gas temperature
monitor upstream of the catalyst bed.
The temperature monitor must be in the
gas stream immediately before the
catalyst bed to measure the temperature.
(3) For all thermal oxidizers and
catalytic oxidizers, you must meet the
requirements in paragraphs (a) and
(c)(3)(i) through (vii) of this section for
each gas temperature monitoring device.
(i) Locate the temperature sensor in a
position that provides a representative
temperature.
(ii) Use a temperature sensor with a
measurement sensitivity of 4 degrees
Fahrenheit or 0.75 percent of the
temperature value, whichever is larger.
(iii) Shield the temperature sensor
system from electromagnetic
interference and chemical
contaminants.
(iv) If a gas temperature chart recorder
is used, it must have a measurement
sensitivity in the minor division of at
least 20 degrees Fahrenheit.
(v) Perform an electronic calibration
at least semiannually according to the
procedures in the manufacturer’s
owner’s manual. Following the
electronic calibration, you must conduct
a temperature sensor validation check in
which a second or redundant
temperature sensor placed near the
process temperature sensor must yield a
reading within 30 degrees Fahrenheit of
the process temperature sensor reading.
(vi) Conduct calibration and
validation checks anytime the sensor
exceeds the manufacturer’s specified
maximum operating temperature range
or install a new temperature sensor.
(vii) At least monthly, inspect
components for integrity and electrical
connections for continuity, oxidation,
and galvanic corrosion.
(d) Emission capture systems. The
capture system monitoring system must
comply with the applicable
requirements in paragraphs (d)(1) and
(2) of this section.
(1) For each flow measurement
device, you must meet the requirements
in paragraphs (a) and (d)(1)(i) through
(iv) of this section.
(i) Locate a flow sensor in a position
that provides a representative flow
measurement in the duct from each
capture device in the emission capture
system to the add-on control device.
(ii) Reduce swirling flow or abnormal
velocity distributions due to upstream
and downstream disturbances.
(iii) Conduct a flow sensor calibration
check at least semiannually.
(iv) At least monthly, inspect
components for integrity, electrical
connections for continuity, and
mechanical connections for leakage.
(2) For each pressure drop
measurement device, you must comply
with the requirements in paragraphs (a)
and (d)(2)(i) through (vi) of this section.
(i) Locate the pressure sensor(s) in or
as close to a position that provides a
representative measurement of the
pressure drop across each opening you
are monitoring.
(ii) Minimize or eliminate pulsating
pressure, vibration, and internal and
external corrosion.
(iii) Check pressure tap pluggage
daily.
(iv) Using an inclined manometer
with a measurement sensitivity of
0.0002 inch water, check gauge
calibration quarterly and transducer
calibration monthly.
(v) Conduct calibration checks any
time the sensor exceeds the
manufacturer’s specified maximum
operating pressure range or install a new
pressure sensor.
(vi) At least monthly, inspect
components for integrity, electrical
connections for continuity, and
mechanical connections for leakage.
§ 63.9307 What are my continuous
emissions monitoring system installation,
operation, and maintenance requirements?

(a) You must install, operate, and
maintain each CEMS to monitor carbon
monoxide (CO) or total hydrocarbons
(THC) and oxygen (O2) at the outlet of
the exhaust system of the engine test
cell/stand or at the outlet of the
emission control device.
(b) To comply with the CO or THC
percent reduction emission limitation,
you may install, operate, and maintain
a CEMS to monitor CO or THC and O2
at both the inlet and the outlet of the
emission control device.
(c) To comply with either emission
limitations, the CEMS must be installed
and operated according to the
requirements described in paragraphs
(c)(1) through (4) of this section.
(1) You must install, operate, and
maintain each CEMS according to the
applicable Performance Specification
(PS) of 40 CFR part 60, appendix B (PS–
3 or PS–4A).
(2) You must conduct a performance
evaluation of each CEMS according to
the requirements in 40 CFR 63.8 and
according to PS–3 of 40 CFR part 60,
appendix B, using Reference Method 3A
or 3B for the O2 CEMS, and according
to PS–4A of 40 CFR part 60, appendix
B, using Reference Method 10 or 10B for
the CO CEMS. If the fuel used in the
engines being tested is natural gas, you
may use ASTM D 6522–00, Standard
Test Method for Determination of
Nitrogen Oxides, Carbon Monoxide and
Oxygen Concentrations in Emissions
from Natural Gas Fired Reciprocating
Engines, Combustion Turbines, Boilers,
and Process Heaters Using Portable
Analyzers (incorporated by reference,
see § 63.14). As an alternative to Method
3B, you may use ANSI/ASME PTC
19.10–1981, ‘‘Flue and Exhaust Gas
Analyses [Part 10, Instruments and
Apparatus],’’ (incorporated by reference,
see § 63.14).

(3) As specified in § 63.8(c)(4)(ii),
each CEMS must complete a minimum
of one cycle of operation (sampling,
analyzing, and data recording) for each
successive 15-minute period. You must
have at least two data points, each
representing a different 15-minute
period within the same hour, to have a
valid hour of data.
(4) All CEMS data must be reduced as
specified in § 63.8(g)(2) and recorded as
CO concentration in parts per million by
volume, dry basis (ppmvd), corrected to
15 percent O2 content.
(d) If you have CEMS that are subject
to paragraph (a) or (b) of this section,
you must properly maintain and operate
the monitors continuously according to
the requirements described in
paragraphs (d)(1) and (2) of this section.
(1) Proper Maintenance. You must
maintain the monitoring equipment at
all times that the engine test cell/stand
is operating, including but not limited
to, maintaining necessary parts for
routine repairs of the monitoring
equipment.
(2) Continued Operation. You must
operate your CEMS according to
paragraphs (d)(2)(i) and (ii) of this
section.
(i) You must conduct all monitoring
in continuous operation at all times that
the engine test cell/stand is operating,
except for, as applicable, monitoring
malfunctions, associated repairs, and
required quality assurance or control
activities (including, as applicable,
calibration drift checks and required
zero and high-level adjustments).
Quality assurance or control activities
must be performed according to
procedure 1 of 40 CFR part 60, appendix
F.
(ii) Data recorded during monitoring
malfunctions, associated repairs, out-ofcontrol
periods, and required quality
assurance or control activities must not
be used for purposes of calculating data
averages. You must use all of the data
collected from all other periods in
assessing compliance. A monitoring
malfunction is any sudden, infrequent,
not reasonably preventable failure of the
monitoring equipment to provide valid
data. Monitoring failures that are caused
in part by poor maintenance or careless
operation are not malfunctions. Any
period for which the monitoring system
is out-of-control and data are not
available for required calculations
constitutes a deviation from the
monitoring requirements.

Testing and Initial Compliance
Requirements

§ 63.9310 By what date must I conduct the
initial compliance demonstrations?

You must conduct the initial
compliance demonstrations that apply
to you in Table 3 to this subpart within
180 calendar days after the compliance
date that is specified for your new or
reconstructed affected source in
§ 63.9295 and according to the
provisions in § 63.7(a)(2).

§ 63.9320 What procedures must I use?

(a) You must conduct each initial
compliance demonstration that applies
to you in Table 3 to this subpart.
(b) You must conduct an initial
performance evaluation of each capture
and control system according to
§§ 63.9321, 63.9322, 63.9323 and
63.9324, and each CEMS according to
the requirements in 40 CFR 63.8 and
according to the applicable Performance
Specification of 40 CFR part 60,
appendix B (PS–3 or PS–4A).
(c) The initial demonstration of
compliance with the carbon monoxide
(CO) or total hydrocarbon (THC)
concentration limitation consists of the
first 4-hour rolling average CO or THC
concentration recorded after completion
of the CEMS performance evaluation.
You must correct the CO or THC
concentration at the outlet of the engine
test cell/stand or the emission control
device to a dry basis and to 15 percent
O2 content according to Equation 1 of
this section:
. 59. .

C = C(Eq. 1)

c unc ..

.(20.9 - %O ).

2d

Where:

Cc = concentration of CO or THC,

corrected to 15 percent oxygen,

ppmvd
Cunc = total uncorrected concentration of

CO or THC, ppmvd
%O2d = concentration of oxygen

measured in gas stream, dry basis,

percent by volume.

(d) The initial demonstration of
compliance with the CO or THC percent
reduction emission limitation consists
of the first 4-hour rolling average
percent reduction in CO or THC
recorded after completion of the
performance evaluation of the capture/
control system and/or CEMS. You must
complete the actions described in
paragraphs (d)(1) through (2) of this
section.

(1) Correct the CO or THC
concentrations at the inlet and outlet of
the emission control device to a dry
basis and to 15 percent O2 content using
Equation 1 of this section.
(2) Calculate the percent reduction in
CO or THC using Equation 2 of this
section:
Ci - Co

R =×100 (Eq. 2)

C

i

Where:
R = percent reduction in CO or THC
Ci = corrected CO or THC concentration
at inlet of the emission control
device
Co = corrected CO or THC concentration
at the outlet of the emission control
device.

§ 63.9321 What are the general
requirements for performance tests?

(a) You must conduct each
performance test required by § 63.9310
according to the requirements in
§ 63.7(e)(1) and under the conditions in
this section unless you obtain a waiver
of the performance test according to the
provisions in § 63.7(h).
(1) Representative engine testing
conditions. You must conduct the
performance test under representative
operating conditions for the test cell/
stand. Operations during periods of
SSM, and during periods of
nonoperation do not constitute
representative conditions. You must
record the process information that is
necessary to document operating
conditions during the test and explain
why the conditions represent normal
operation.
(2) Representative emission capture
system and add-on control device
operating conditions. You must conduct
the performance test when the emission
capture system and add-on control
device are operating at a representative
flow rate, and the add-on control device
is operating at a representative inlet
concentration. You must record
information that is necessary to
document emission capture system and
add-on control device operating
conditions during the test and explain
why the conditions represent normal
operation.
(b) You must conduct each
performance test of an emission capture
system according to the requirements in
§ 63.9322. You must conduct each
performance test of an add-on control
device according to the requirements in
§ 63.9323.

§ 63.9322 How do I determine the emission
capture system efficiency?

You must use the procedures and test
methods in this section to determine
capture efficiency as part of the
performance test required by § 63.9310.

(a) Assuming 100 percent capture
efficiency. You may assume the capture
system efficiency is 100 percent if both
conditions in paragraphs (a)(1) and (2)
of this section are met:
(1) The capture system meets the
criteria in Method 204 of appendix M to
40 CFR part 51 for a potential to emit
(PTE) and directs all the exhaust gases
from the enclosure to an add-on control
device.
(2) All engine test operations creating
exhaust gases for which the test is
applicable are conducted within the
capture system.
(b) Measuring capture efficiency. If
the capture system does not meet the
criteria in paragraphs (a)(1) and (2) of
this section, then you must use one of
the two protocols described in
paragraphs (c) and (d) of this section to
measure capture efficiency. The capture
efficiency measurements use total
volatile hydrocarbon (TVH) capture
efficiency as a surrogate for organic HAP
capture efficiency. For the protocol in
paragraph (c) of this section, the capture
efficiency measurement must consist of
three test runs. Each test run must be at
least 3 hours in duration or the length
of a production run, whichever is
longer, up to 8 hours. For the purposes
CE =

Where:

CE = capture efficiency of the emission
capture system vented to the add-on
control device, percent

TVH captured = total mass of TVH
captured by the emission capture
system as measured at the inlet to
the add-on control device during
the emission capture efficiency test
run, kg, determined according to
paragraph (c)(2) of this section

TVH uncaptured = total mass of TVH that
is not captured by the emission
capture system and that exits from
the temporary total enclosure or
building enclosure during the
capture efficiency test run, kg,
determined according to paragraph
(c)(3) of this section.

(5) Determine the capture efficiency
the emission capture system as the
of this test, a production run means the
time required for a single engine test to
go from the beginning to the end.

(c) Gas-to-gas protocol using a
temporary total enclosure or a building
enclosure. The gas-to-gas protocol
compares the mass of TVH emissions
captured by the emission capture
system to the mass of TVH emissions
not captured. Use a temporary total
enclosure or a building enclosure and
the procedures in paragraphs (c)(1)
through (5) of this section to measure
emission capture system efficiency
using the gas-to-gas protocol.
(1) Either use a building enclosure or
construct an enclosure around the
engine test cell/stand and all areas
where emissions from the engine testing
subsequently occur. The enclosure must
meet the applicable definition of a
temporary total enclosure or building
enclosure in Method 204 of appendix M
to 40 CFR part 51.
(2) Use Method 204B or 204C of
appendix M to 40 CFR part 51 to
measure the total mass, kg, of TVH
emissions captured by the emission
capture system during each capture
efficiency test run as measured at the
inlet to the add-on control device. To
make the measurement, substitute TVH
for each occurrence of the term VOC in
the methods.
(i) The sampling points for the
Method 204B or 204C of appendix M to
40 CFR part 51 measurement must be
upstream from the add-on control
device and must represent total
emissions routed from the capture
TVH

captured

×100 (Eq. 1)

(TVHcaptured + TVHuncaptured )

average of the capture efficiencies
measured in the three test runs.

(d) Alternative capture efficiency
protocol. As an alternative to the
procedure specified in paragraph (c) of
this section, you may determine capture
efficiency using any other capture
efficiency protocol and test methods
that satisfy the criteria of either the data
quality objective or lower control limit
approach as described in appendix A to
subpart KK of this part.
§ 63.9323 How do I determine the add-on
control device emission destruction or
removal efficiency?

You must use the procedures and test
methods in this section to determine the
add-on control device emission
destruction or removal efficiency as part
of the performance test required by
system and entering the add-on control
device.

(ii) If multiple emission streams from
the capture system enter the add-on
control device without a single common
duct, then the emissions entering the
add-on control device must be
simultaneously measured in each duct,
and the total emissions entering the
add-on control device must be
determined.

(3) Use Method 204D or 204E of
appendix M to 40 CFR part 51 to
measure the total mass, kg, of TVH
emissions that are not captured by the
emission capture system; they are
measured as they exit the temporary
total enclosure or building enclosure
during each capture efficiency test run.
To make the measurement, substitute
TVH for each occurrence of the term
VOC in the methods.
(i) Use Method 204D of appendix M
to 40 CFR part 51 if the enclosure is a
temporary total enclosure.
(ii) Use Method 204E of appendix M
to 40 CFR part 51 if the enclosure is a
building enclosure. During the capture
efficiency measurement, all organic
compound emitting operations inside
the building enclosure, other than the
engine test cell/stand operation for
which capture efficiency is being
determined, must be shut down, but all
fans and blowers must be operating
normally.
(4) For each capture efficiency test
run, determine the percent capture
efficiency of the emission capture
system using Equation 1 of this section:
§ 63.9310. You must conduct three test
runs as specified in § 63.7(e)(3), and
each test run must last at least 1 hour.

(a) For all types of add-on control
devices, use the test methods specified
in paragraphs (a)(1) through (5) of this
section.
(1) Use Method 1 or 1A of appendix
A to 40 CFR part 60, as appropriate, to
select sampling sites and velocity
traverse points.
(2) Use Method 2, 2A, 2C, 2D, 2F, or
2G of appendix A to 40 CFR part 60, as
appropriate, to measure gas volumetric
flow rate.
(3) Use Method 3, 3A, or 3B of
appendix A to 40 CFR part 60, as
appropriate, for gas analysis to
determine dry molecular weight. The
ANSI/ASME PTC 19.10–1981 Part 10 is
an acceptable alternative to Method 3B
(incorporated by reference, see § 63.14).

(4) Use Method 4 of appendix A to 40
CFR part 60, to determine stack gas
moisture.
(5) Methods for determining gas
volumetric flow rate, dry molecular
weight, and stack gas moisture must be
performed, as applicable, during each
test run.
(b) Measure total gaseous organic
mass emissions as carbon at the inlet
and outlet of the add-on control device
simultaneously, using either Method 25
or 25A of appendix A to 40 CFR part 60,
Where:

Mf = total gaseous organic emissions
mass flow rate, kg/hour (kg/h)

Cc = concentration of organic
compounds as carbon in the vent
gas, as determined by Method 25 or
Method 25A, parts per million by
volume (ppmv), dry basis

Qsd = volumetric flow rate of gases
entering or exiting the add-on
control device, as determined by
Method 2, 2A, 2C, 2D, 2F, or 2G,
dry standard cubic meters/hour
(dscm/h)

0.0416 = conversion factor for molar
volume, kg-moles per cubic meter
(mol/m3) (@ 293 Kelvin [K] and 760
millimeters of mercury [mmHg]).

(d) For each test run, determine the
add-on control device organic emissions
destruction or removal efficiency, using
Equation 2 of this section:
M -M

fi fo

DRE =100 × (Eq. 2)
Mfi

Where:

DRE = organic emissions destruction or
removal efficiency of the add-on
control device, percent

Mfi = total gaseous organic emissions
mass flow rate at the inlet(s) to the
add-on control device, using
Equation 1 of this section, kg/h

Mfo = total gaseous organic emissions
mass flow rate at the outlet(s) of the
add-on control device, using
Equation 1 of this section, kg/h.

(e) Determine the emission
destruction or removal efficiency of the
add-on control device as the average of
the efficiencies determined in the three
test runs and calculated in Equation 2
of this section.
as specified in paragraphs (b)(1) through

(3) of this section. You must use the
same method for both the inlet and
outlet measurements.
(1) Use Method 25 of appendix A to
40 CFR part 60 if the add-on control
device is an oxidizer, and you expect
the total gaseous organic concentration
as carbon to be more than 50 parts per
million at the control device outlet.
(2) Use Method 25A of appendix A to
40 CFR part 60 if the add-on control
device is an oxidizer, and you expect
the total gaseous organic concentration
-

Mf =Qsd Cc ()0 0416 )( )12 (. 10 6 (Eq. 1)

§ 63.9324 How do I establish the emission
capture system and add-on control device
operating limits during the performance
test?

During the performance test required

by § 63.9310, you must establish the

operating limits required by § 63.9302

according to this section, unless you

have received approval for alternative

monitoring and operating limits under

§ 63.8(f) as specified in § 63.9302.

(a) Thermal oxidizers. If your add-on
control device is a thermal oxidizer,
establish the operating limits according
to paragraphs (a)(1) and (2) of this
section.
(1) During the performance test, you
must monitor and record the
combustion temperature at least once
every 15 minutes during each of the
three test runs. You must monitor the
temperature in the firebox of the
thermal oxidizer or immediately
downstream of the firebox before any
substantial heat exchange occurs.
(2) Use the data collected during the
performance test to calculate and record
the average combustion temperature
maintained during the performance test.
This average combustion temperature is
the minimum operating limit for your
thermal oxidizer.
(b) Catalytic oxidizers. If your add-on
control device is a catalytic oxidizer,
establish the operating limits according
to either paragraphs (b)(1) and (2) or
paragraphs (b)(3) and (4) of this section.
(1) During the performance test, you
must monitor and record the
temperature just before the catalyst bed
and the temperature difference across
the catalyst bed at least once every 15
minutes during each of the three test
runs.
(2) Use the data collected during the
performance test to calculate and record
the average temperature just before the
catalyst bed and the average
temperature difference across the
as carbon to be 50 ppm or less at the
control device outlet.

(c) For each test run, determine the
total gaseous organic emissions mass
flow rates for the inlet and the outlet of
the add-on control device, using
Equation 1 of this section. If there is
more than one inlet or outlet to the add-
on control device, you must calculate
the total gaseous organic mass flow rate
using Equation 1 of this section for each
inlet and each outlet and then total all
of the inlet emissions and total all of the
outlet emissions.
catalyst bed maintained during the
performance test. These are the
minimum operating limits for your
catalytic oxidizer.

(3) As an alternative to monitoring the
temperature difference across the
catalyst bed, you may monitor the
temperature at the inlet to the catalyst
bed and implement a site-specific
inspection and maintenance plan for
your catalytic oxidizer as specified in
paragraph (b)(4) of this section. During
the performance test, you must monitor
and record the temperature just before
the catalyst bed at least once every 15
minutes during each of the three test
runs. Use the data collected during the
performance test to calculate and record
the average temperature just before the
catalyst bed during the performance
test. This is the minimum operating
limit for your catalytic oxidizer.
(4) You must develop and implement
an inspection and maintenance plan for
your catalytic oxidizer(s) for which you
elect to monitor according to paragraph
(b)(3) of this section. The plan must
address, at a minimum, the elements
specified in paragraphs (b)(4)(i) through
(iii) of this section.
(i) Annual sampling and analysis of
the catalyst activity (i.e., conversion
efficiency) following the manufacturer’s
or catalyst supplier’s recommended
procedures.
(ii) Monthly inspection of the oxidizer
system, including the burner assembly
and fuel supply lines for problems and,
as necessary, adjust the equipment to
assure proper air-to-fuel mixtures.
(iii) Annual internal and monthly
external visual inspection of the catalyst
bed to check for channeling, abrasion,
and settling. If problems are found, you
must take corrective action consistent
with the manufacturer’s
recommendation and conduct a new
performance test to determine
destruction efficiency according to
§ 63.9323.

(c) Emission capture system. For each
capture device that is not part of a PTE
that meets the criteria of § 63.9322(a),
establish an operating limit for either
the gas volumetric flow rate or duct
static pressure, as specified in
paragraphs (c)(1) and (2) of this section.
The operating limit for a PTE is
specified in Table 3 to this subpart.
(1) During the capture efficiency
determination required by § 63.9310,
you must monitor and record either the
gas volumetric flow rate or the duct
static pressure for each separate capture
device in your emission capture system
at least once every 15 minutes during
each of the three test runs at a point in
the duct between the capture device and
the add-on control device inlet.
(2) Calculate and record the average
gas volumetric flow rate or duct static
pressure for the three test runs for each
capture device. This average gas
volumetric flow rate or duct static
pressure is the minimum operating limit
for that specific capture device.
§ 63.9330 How do I demonstrate initial
compliance with the emission limitation?

(a) You must demonstrate initial
compliance with the emission limitation
that applies to you according to Table 3
to this subpart.
(b) You must submit the Notification
of Compliance Status containing results
of the initial compliance demonstration
according to the requirements in
§ 63.9345(c).
Continuous Compliance Requirements

§ 63.9335 How do I monitor and collect
data to demonstrate continuous
compliance?

(a) Except for monitor malfunctions,
associated repairs, and required quality
assurance or quality control activities
(including, as applicable, calibration
drift checks and required zero and high-
level adjustments of the monitoring
system), you must conduct all
monitoring in continuous operation at
all times the engine test cell/stand is
operating.
(b) Do not use data recorded during
monitor malfunctions, associated
repairs, and required quality assurance
or quality control activities for meeting
the requirements of this subpart,
including data averages and
calculations. You must use all the data
collected during all other periods in
assessing the performance of the
emission control device or in assessing
emissions from the new or
reconstructed affected source.
§ 63.9340 How do I demonstrate
continuous compliance with the emission
limitations?

(a) You must demonstrate continuous
compliance with the emission limitation
in Table 1 to this subpart that applies to
you according to methods specified in
Table 5 to this subpart.
(b) You must report each instance in
paragraphs (b)(1) and (2) of this section.
These instances are deviations from the
emission limitation in this subpart and
must be reported according to the
requirements in § 63.9350.
(1) You must report each instance in
which you did not meet the emission
limitation that applies to you.
(2) You must report each instance in
which you did not meet the
requirements in Table 7 to this subpart
that apply to you.
(c) Startups, shutdowns, and
malfunctions. During periods of SSM of
control device and associated
monitoring equipment, you must
operate in accordance with your SSMP.
(1) Consistent with §§ 63.6(e) and
63.7(e)(1), deviations that occur during
a period of SSM of control devices and
associated monitoring equipment are
not violations if you demonstrate to the
Administrator’s satisfaction that you
were operating in accordance with the
SSMP.
(2) The Administrator will determine
whether deviations that occur during a
period of SSM of control devices and
associated monitoring equipment are
violations, according to the provisions
in § 63.6(e).
Notifications, Reports, and Records

§ 63.9345 What notifications must I submit
and when?

(a) You must submit all of the
notifications in §§ 63.8(e), 63.8(f)(4) and
(6), and 63.9(b), (g)(1), (g)(2) and (h) that
apply to you by the dates specified.
(b) If you own or operate a new or
reconstructed test cell/stand used for
testing internal combustion engines, you
are required to submit an Initial
Notification as specified in paragraphs
(b)(1) through (3) of this section.
(1) As specified in § 63.9(b)(2), if you
start up your new or reconstructed
affected source before the effective date
of this subpart, you must submit an
Initial Notification not later than 120
calendar days after May 27, 2003.
(2) As specified in § 63.9(b), if you
start up your new or reconstructed
affected source on or after the effective
date of this subpart, you must submit an
Initial Notification not later than 120
calendar days after you become subject
to this subpart.
(3) If you are required to submit an
Initial Notification but are otherwise not
affected by the requirements of this
subpart, in accordance with
§ 63.9290(c), your notification should
include the information in § 63.9(b)(2)(i)
through (v) and a statement that your
new or reconstructed engine test cell/
stand has no additional requirements
and explain the basis of the exclusion
(for example, that the test cell/stand is
used exclusively for testing internal
combustion engines with rated power of
less than 25 hp (19 kW)).

(c) If you are required to comply with
the emission limitations in Table 1 to
this subpart, you must submit a
Notification of Compliance Status
according to § 63.9(h)(2)(ii). For each
initial compliance demonstration with
the emission limitation, you must
submit the Notification of Compliance
Status before the close of business on
the 30th calendar day following the
completion of the initial compliance
demonstration.
(d) You must submit a notification of
initial performance evaluation of your
CEMS or performance testing of your
control device at least 60 calendar days
before the performance testing/
evaluation is scheduled to begin as
required in § 63.8(e)(2).
§ 63.9350 What reports must I submit and
when?

(a) If you own or operate a new or
reconstructed affected source that must
meet the emission limitation, you must
submit a semiannual compliance report
according to Table 6 to this subpart by
the applicable dates specified in
paragraphs (a)(1) through (6) of this
section, unless the Administrator has
approved a different schedule.
(1) The first semiannual compliance
report must cover the period beginning
on the compliance date specified in
§ 63.9295 and ending on June 30 or
December 31, whichever date is the first
date following the end of the first
calendar half after the compliance date
specified in § 63.9295.
(2) The first semiannual compliance
report must be postmarked or delivered
no later than July 31 or January 31,
whichever date follows the end of the
first calendar half after the compliance
date that is specified in § 63.9295.
(3) Each subsequent semiannual
compliance report must cover the
semiannual reporting period from
January 1 through June 30 or the
semiannual reporting period from July 1
through December 31.
(4) Each subsequent semiannual
compliance report must be postmarked
or delivered no later than July 31 or
January 31, whichever date is the first
date following the end of the
semiannual reporting period.

28792 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Rules and
Regulations

(5) For each new or reconstructed
engine test cell/stand that is subject to
permitting regulations pursuant to 40
CFR part 70 or 71, and if the permitting
authority has established the date for
submitting semiannual reports pursuant
to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the
first and subsequent compliance reports
according to the dates the permitting
authority has established instead of
according to the dates in paragraphs
(a)(1) through (4) of this section.
(6) If you had an SSM of a control
device or associated monitoring
equipment during the reporting period
and you took actions consistent with
your SSMP, the compliance report must
include the information in paragraphs
§ 63.10(d)(5)(i).
(b) If there is no deviation from the
applicable emission limitation and the
CEMS or CPMS was not out-of-control,
according to § 63.8(c)(7), the semiannual
compliance report must contain the
information described in paragraphs
(b)(1) through (4) of this section.
(1) Company name and address.
(2) Statement by a responsible official,
with that official’s name, title, and
signature, certifying the truth, accuracy,
and completeness of the content of the
report.
(3) Date of report and beginning and
ending dates of the reporting period.
(4) A statement that no deviation from
the emission limit occurred during the
reporting period and that no CEMS or
CPMS was out-of-control, according to
§ 63.8(c)(7).
(c) For each deviation from an
emission limit, the semiannual
compliance report must include the
information in paragraphs (b)(1) through
(3) of this section and the information
included in paragraphs (c)(1) through
(4) of this section.
(1) The date and time that each
deviation started and stopped.
(2) The total operating time of each
new or reconstructed engine test cell/
stand during the reporting period.
(3) A summary of the total duration of
the deviation during the reporting
period (recorded in 4-hour periods), and
the total duration as a percent of the
total operating time during that
reporting period.
(4) A breakdown of the total duration
of the deviations during the reporting
period into those that are due to control
equipment problems, process problems,
other known causes, and other
unknown causes.
(d) For each CEMS or CPMS
deviation, the semiannual compliance
report must include the information in
paragraphs (b)(1) through (3) of this
section and the information included in
paragraphs (d)(1) through (10) of this
section.

(1) The date and time that each CEMS
or CPMS was inoperative except for zero
(low-level) and high-level checks.
(2) The date and time that each CEMS
or CPMS was out-of-control including
the information in § 63.8(c)(8).
(3) A summary of the total duration of
CEMS or CPMS downtime during the
reporting period (reported in 4-hour
periods), and the total duration of CEMS
or CPMS downtime as a percent of the
total engine test cell/stand operating
time during that reporting period.
(4) A breakdown of the total duration
of CEMS or CPMS downtime during the
reporting period into periods that are
due to monitoring equipment
malfunctions, nonmonitoring
equipment malfunctions, quality
assurance/quality control calibrations,
other known causes and other unknown
causes.
(5) The monitoring equipment
manufacturer(s) and model number(s) of
each monitor.
(6) The date of the latest CEMS or
CPMS certification or audit.
(7) The date and time period of each
deviation from an operating limit in
Table 2 to this subpart; date and time
period of any bypass of the add-on
control device; and whether each
deviation occurred during a period of
SSM or during another period.
(8) A summary of the total duration of
each deviation from an operating limit
in Table 2 to this subpart, each bypass
of the add-on control device during the
semiannual reporting period, and the
total duration as a percent of the total
source operating time during that
semiannual reporting period.
(9) A breakdown of the total duration
of the deviations from the operating
limits in Table 2 to this subpart and
bypasses of the add-on control device
during the semiannual reporting period
by identifying deviations due to startup,
shutdown, control equipment problems,
process problems, other known causes,
and other unknown causes.
(10) A description of any changes in
CEMS, CPMS, or controls since the last
reporting period.
(e) If you had an SSM of a control
device or associated monitoring
equipment during the semiannual
reporting period that was not consistent
with your SSMP, you must submit an
immediate SSM report according to the
requirements in § 63.10(d)(5)(ii).
§ 63.9355 What records must I keep?

(a) You must keep the records as
described in paragraphs (a)(1) through
(5) of this section.
(1) A copy of each notification and
report that you submitted to comply
with this subpart, including all
documentation supporting any Initial
Notification or Notification of
Compliance Status that you submitted,
according to the requirements in
§ 63.10(b)(2)(xiv).

(2) Records of performance
evaluations as required in
§ 63.10(b)(2)(viii).
(3) Records of the occurrence and
duration of each malfunction of the air
pollution control equipment, if
applicable, as required in
§ 63.10(b)(2)(ii).
(4) Records of all maintenance on the
air pollution control equipment, if
applicable, as required in § 63.10(b)(iii).
(5) The calculation of the mass of
organic HAP emission reduction by
emission capture systems and add-on
control devices.
(b) For each CPMS, you must keep the
records as described in paragraphs (b)(1)
through (7) of this section.
(1) For each deviation, a record of
whether the deviation occurred during a
period of SSM of the control device and
associated monitoring equipment.
(2) The records in § 63.6(e)(3)(iii)
through (v) related to SSM.
(3) The records required to show
continuous compliance with each
operating limit specified in Table 2 to
this subpart that applies to you.
(4) For each capture system that is a
PTE, the data and documentation you
used to support a determination that the
capture system meets the criteria in
Method 204 of appendix M to 40 CFR
part 51 for a PTE and has a capture
efficiency of 100 percent, as specified in
§ 63.9322(a).
(5) For each capture system that is not
a PTE, the data and documentation you
used to determine capture efficiency
according to the requirements specified
in §§ 63.9321 and 63.9322(b) through
(e), including the records specified in
paragraphs (b)(5)(i) and (ii) of this
section that apply to you.
(i) Records for a gas-to-gas protocol
using a temporary total enclosure or a
building enclosure. Records of the mass
of TVH emissions captured by the
emission capture system as measured by
Method 204B or C of appendix M to 40
CFR part 51 at the inlet to the add-on
control device, including a copy of the
test report. Records of the mass of TVH
emissions not captured by the capture
system that exited the temporary total
enclosure or building enclosure during
each capture efficiency test run as
measured by Method 204D or E of
appendix M to 40 CFR part 51,
including a copy of the test report.
Records documenting that the enclosure
used for the capture efficiency test met
the criteria in Method 204 of appendix
M to 40 CFR part 51 for either a
temporary total enclosure or a building
enclosure.

(ii) Records for an alternative
protocol. Records needed to document a
capture efficiency determination using
an alternative method or protocol as
specified in § 63.9322(e), if applicable.
(6) The records specified in
paragraphs (b)(6)(i) and (ii) of this
section for each add-on control device
organic HAP destruction or removal
efficiency determination as specified in
§ 63.9323.
(i) Records of each add-on control
device performance test conducted
according to §§ 63.9321, 63.9322, and
63.9323.
(ii) Records of the engine testing
conditions during the add-on control
device performance test showing that
the performance test was conducted
under representative operating
conditions.
(7) Records of the data and
calculations you used to establish the
emission capture and add-on control
device operating limits as specified in
§ 63.9324 and to document compliance
with the operating limits as specified in
Table 2 to this subpart.
(c) For each CEMS, you must keep the
records as described in paragraphs (c)(1)
through (4) of this section.
(1) Records described in
§ 63.10(b)(2)(vi) through (xi).
(2) Previous (i.e., superceded)
versions of the performance evaluation
plan as required in § 63.8(d)(3).
(3) Request for alternatives to the
relative accuracy test for CEMS as
required in § 63.8(f)(6)(i), if applicable.
(4) The records in § 63.6(e)(3)(iii)
through (v) related to SSM of the control
device and associated monitoring
equipment.
(d) You must keep the records
required in Table 5 to this subpart to
show continuous compliance with each
emission limitation that applies to you.
§ 63.9360 In what form and how long must
I keep my records?

(a) You must maintain all applicable
records in such a manner that they can
be readily accessed and are suitable for
inspection according to § 63.10(b)(1).
(b) As specified in § 63.10(b)(1), you
must keep each records for 5 years
following the date of each occurrence,
measurement, maintenance, corrective
action, report, or record.
(c) You must retain your records of
the most recent 2 years on site, or your
records must be accessible on site. Your
records of the remaining 3 years may be
retained off site.
Other Requirements and Information

§ 63.9365 What parts of the General
Provisions apply to me?

Table 7 to this subpart shows which
parts of the General Provisions in
§§ 63.1 through 63.15 apply to you.

§ 63.9370 Who implements and enforces
this subpart?

(a) This subpart can be implemented
and enforced by us, the U.S. EPA, or a
delegated authority such as your State,
local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to
your State, local, or tribal agency, then
that agency, in addition to the U.S. EPA,
has the authority to implement and
enforce this subpart. You should contact
your U.S. EPA Regional Office to find
out if implementation and enforcement
of this subpart is delegated to your
State, local, or tribal agency.
(b) In delegating implementation and
enforcement authority of this subpart to
a State, local, or tribal agency under
section 40 CFR part 63, subpart E, the
authorities contained in paragraph (c) of
this section are retained by the
Administrator of U.S. EPA and are not
transferred to the State, local, or tribal
agency.
(c) The authorities that cannot be
delegated to State, local, or tribal
agencies are described in paragraphs
(c)(1) through (4) of this section.
(1) Approval of alternatives to the
emission limitations in § 63.9300 under
§ 63.6(g).
(2) Approval of major changes to test
methods under § 63.7(e)(2)(ii) and (f)
and as defined in § 63.90.
(3) Approval of major changes to
monitoring under § 63.8(f) and as
defined in § 63.90.
(4) Approval of major changes to
recordkeeping and reporting under
§ 63.10(f) and as defined in § 63.90.
§ 63.9375 What definitions apply to this
subpart?

Terms used in this subpart are
defined in the CAA; in 40 CFR 63.2, and
in this section:

CAA means the Clean Air Act (42

U.S.C. 7401 et seq., as amended by
Public Law 101–549, 104 Statute 2399).
Area source means any stationary
source of HAP that is not a major source
as defined in this part.

Combustion turbine engine means a
device in which air is compressed in a
compressor, enters a combustion
chamber, and is compressed further by
the combustion of fuel injected into the
combustion chamber. The hot
compressed combustion gases then
expand over a series of curved vanes or
blades arranged on a central spindle that
rotates.

Deviation means any instance in
which an affected source subject to this
subpart, or an owner or operator of such
a source:

(1) Fails to meet any requirement or
obligation established by this subpart,
including but not limited to any
emission limitations;
(2) Fails to meet any term or condition
that is adopted to implement an
applicable requirement in this subpart
and that is included in the operating
permit for any affected source required
to obtain such a permit; or
(3) Fails to meet any emission
limitation in this subpart during
malfunction, regardless or whether or
not such failure is permitted by this
subpart.
Engine means any internal
combustion engine, any combustion
turbine engine, or any rocket engine.

Engine Test Cell/Stand means any
apparatus used for testing uninstalled
stationary or uninstalled mobile
(motive) engines.

Hazardous Air Pollutant (HAP) means
any air pollutant listed in or pursuant to
section 112(b) of the CAA.

Internal combustion engine means a
device in which air enters a combustion
chamber, is mixed with fuel,
compressed in the chamber, and
combusted. Fuel may enter the
combustion chamber with the air or be
injected into the combustion chamber.
Expansion of the hot combustion gases
in the chamber rotates a shaft, either
through a reciprocating or rotary action.
For purposes of this subpart, this
definition does not include combustion
turbine engines.

Major source, as used in this subpart,
shall have the same meaning as in
§ 63.2.

Malfunction means any sudden,
infrequent, and not reasonably
preventable failure of air pollution
control equipment, process equipment,
or a process to operate in a normal or
usual manner. Failures that are caused
in part by poor maintenance or careless
operation are not malfunctions.

Rated power means the maximum
power output of an engine in use.

Potential to emit means the maximum
capacity of a stationary source to emit
a pollutant under its physical and
operational design. Any physical or
operational limitation on the capacity of
the stationary source to emit a pollutant,
including air pollution control
equipment and restrictions on hours of
operation or on the type or amount of
material combusted, stored, or
processed, shall be treated as part of its
design if the limitation or the effect it
would have on emissions is federally
enforceable.

28794 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Rules and
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Responsible official means which materials referred to as Uninstalled engine means an
engine
responsible official as defined by 40 propellants, which provide both the fuel not
installed in, or an integrated part of,
CFR 70.2. and the oxygen for combustion, are the final product.

Rocket engine means a device burned. Combustion gases escape

Tables to Subpart PPPPP of Part 63

consisting of a combustion chamber in through a nozzle, providing thrust.

TABLE 1 TO SUBPART PPPPP OF PART 63.—EMISSION LIMITATIONS
You must comply with the emission limits that apply to your affected source in the
following table as required by § 63.9300:

For each new or reconstructed affected source located at a major
source facility that is used in whole or in part for testing . . .

1. internal combustion engines with rated power of 25 hp (19 kW) or
more.
You must meet one of the following emission limitations:

a. limit the concentration of CO or THC to 20 ppmvd or less (corrected
to 15 percent O2 content); or
b. achieve a reduction in CO or THC of 96 percent or more between
the inlet and outlet concentrations (corrected to 15 percent O2 content)
of the emission control device.
TABLE 2 TO SUBPART PPPPP OF PART 63.—OPERATING LIMITS
If you are required to comply with operating limits in § 63.9302, you must comply with
the applicable operating limits in the following table:

For the following device . . . You must meet the following operating limit
...
and you must demonstrate continuous compliance
with the operating limit by . . .
1. Thermal oxidizer ............................................. a. The average combustion
temperature in
any 3-hour period must not fall below the
the combustion temperature limit established
according to § 63.9324(a).
i. Collecting the combustion temperature data
according to § 63.9306(c);
ii. Reducing the data to 3-hour block averages;
and
iii. Maintaining the 3-hour average combustion
temperature at or above the temperature
limit.
2. Catalytic oxidizer ............................................ a. The average temperature measured
just
before the catalyst bed in any 3-hour period
must not fall below the limit established according
to § 63.9324(b).
b. Either ensure that the average temperature
difference across the catalyst bed in any 3hour
period does not fall below the temperature
difference limit established according
to § 63.9324(b)(2) or develop and implement
an inspection and maintenance plan
according to § 63.9324(b)(3) and (4).
i. Collecting the temperature data according to
§ 63.9306(c);
ii. Reducing the data to 3-hour block averages;
and
iii. Maintaining the 3-hour average temperature
before the catalyst bed at or above the
temperature limit.
i. Either collecting the temperature data according
to § 63.9306(c), reducing the data
to 3-hour block averages, and maintaining
the 3-hour average temperature difference
at or above the temperature difference limit;
or
ii. Complying with the inspection and maintenance
plan developed according to
§ 63.9324(b)(3) and (4).
3. Emission capture system that is a PTE according
to § 63.9322(a).
a. The direction of the air flow at all times
must be into the enclosure; and either
b. The average facial velocity of air through
all natural draft openings in the enclosure
must be at least 200 feet per minute; or
c. The pressure drop across the enclosure
must be at least 0.007 inch H2O, as established
in Method 204 of appendix M to 40
CFR part 51.
i. Collecting the direction of air flow; and either
the facial velocity of air through all natural
draft openings according to
§ 63.9306(d)(1) or the pressure drop across
the enclosure according to § 63.9306(d)(2);
and
ii. Maintaining the facial velocity of air flow
through all natural draft openings or the
pressure drop at or above the facial velocity
limit or pressure drop limit, and maintaining
the direction of air flow into the enclosure at
all times.
Follow the requirements in 3ai and ii of this
table.
Follow the requirements in 3ai and ii of this
table.

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28795

TABLE 2 TO SUBPART PPPPP OF PART 63.—OPERATING LIMITS—Continued
If you are required to comply with operating limits in § 63.9302, you must comply with
the applicable operating limits in the following table:

You must meet the following operating limit

and you must demonstrate continuous compli-
ance with the operating limit by . . .

4. Emission capture system that is not a PTE
a. The average gas volumetric flow rate or
i. Collecting the gas volumetric flow rate or
according to § 63.9322(a).
duct static pressure in each duct between a

duct static pressure for each capture device
capture device and add-on control device

according to § 63.9306(d);
inlet in any 3-hour period must not fall

ii. Reducing the data to 3-hour block aver-
below the average volumetric flow rate or
ages; and
duct static pressure limit established for that

iii. Maintaining the 3-hour average gas volucapture
device according § 63.9306(d).
metric flow rate or duct static pressure for
each capture device at or above the gas
volumetric flow rate or duct static pressure
limit.

TABLE 3 TO SUBPART PPPPP OF PART 63.—REQUIREMENTS FOR INITIAL
COMPLIANCE DEMONSTRATIONS
As stated in § 63.9321, you must demonstrate initial compliance with each emission
limitation that applies to you according to the following table:

For each new or reconstructed affected
source complying with . . . You must . . . Using . . . According to the following
requirements
. . .
1. The CO or THC outlet con-a. Demonstrate CO or THC emisi.
EPA Methods 3A and 10 of ap-You must demonstrate that the
centration emission limitation. sions are 20 ppmvd or less. pendix A to 40 CFR part 60
for
CO measurement or EPA Method
25A of appendix A to 40
CFR part 60 for THC measurement;
or
ii. A CEMS for CO or THC and O2
at the outlet of the engine test
cell/stand or emission control
device.
outlet concentration of CO or
THC emissions from the test
cell/stand or emission control
device is 20 ppmvd or less, corrected
to 15 percent O2 content,
using the first 4-hour rolling
average after a successful
performance evaluation.
This demonstration is conducted
immediately following a successful
performance evaluation
of the CEMS as required in
§ 63.9320(b). The demonstration
consists of the first 4-hour
rolling average of measurements.
The CO or THC concentration
must be corrected to
15 percent O2 content, dry
basis using Equation 1 in
§ 63.9320.
2. The CO or THC percent reduction
emission limitation.
a. Demonstrate a reduction in CO
or THC of 96 percent or more.
i. You must conduct an initial performance
test to determine the
capture and control efficiencies
of the equipment and to establish
operating limits to be
achieved on a continuous
basis; or
ii. A CEMS for CO or THC and O2
at both the inlet and outlet of
the emission control device.
You must demonstrate that the
reduction in CO or THC emissions
is at least 96 percent
using the first 4-hour rolling average
after a successful performance
evaluation. Your inlet
and outlet measurements must
be on a dry basis and corrected
to 15 percent O2 content.
This demonstration is conducted
immediately following a successful
performance evaluation
of the CEMS as required in
§ 63.9320(b). The demonstration
consists of the first 4-hour
rolling average of measurements.
The inlet and outlet CO
or THC concentrations must be
corrected to 15 percent O2 content
using Equation 1 in
§ 63.9320. The reduction in CO
or THC is calculated using
Equation 2 in § 63.9320.

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TABLE 4 TO SUBPART PPPPP OF PART 63.—INITIAL COMPLIANCE WITH EMISSION
LIMITATIONS
As stated in § 63.9330, you must demonstrate initial compliance with each emission
limitation that applies to you according to the following table:

For the . . . You have demonstrated initial compliance if . . .
1. CO or THC concentration emission limitation ...................................... The first 4-hour
rolling average CO or THC concentration is 20 ppmvd
or less, corrected to 15 percent O2 content.
2. CO or THC percent reduction emission limitation ............................... The first 4-hour
rolling average reduction in CO or THC is 96 percent
or more, dry basis, corrected to 15 percent O2 content.

TABLE 5 TO SUBPART PPPPP OF PART 63.—CONTINUOUS COMPLIANCE WITH
EMISSION LIMITATIONS

As stated in § 63.9340, you must demonstrate continuous compliance with each
emission limitation that applies to you according to the following
table:

For the . . . You must . . . By . . .
1. CO or THC concentration emission limitation a. Demonstrate CO or THC emissions are
20
ppmvd or less over each 4-hour rolling
averaging period.
i. Collecting the CPMS data according to
§ 63.9306(a), reducing the measurements
to 1-hour averages; or
ii. Collecting the CEMS data according to
§ 63.9307(a), reducing the measurements
to 1-hour averages, correcting them to 15
percent O2 content, dry basis, according to
§ 63.9320;
2. CO or THC percent reduction emission limitation.
a. Demonstrate a reduction in CO or THC of
96 percent or more over each 4-hour rolling
averaging period.
i. Collecting the CPMS data according to
§ 63.9306(a), reducing the measurements
to 1-hour averages; or
ii. Collecting the CEMS data according to
§ 63.9307(b), reducing the measurements
to 1-hour averages, correcting them to 15
percent O2 content, dry basis, calculating
the CO or THC percent reduction according
to § 63.9320.

TABLE 6 TO SUBPART PPPPP OF PART 63.—REQUIREMENTS FOR REPORTS
As stated in § 63.9350, you must submit each report that applies to you according to
the following table:

If you own or operate a new or reconstructed
affected source that must comply with emission
limitations, you must submit a . . .
The report must contain . . . You must submit the report . . .
1. Compliance report .......................................... a. If there are no deviations from the
emission
limitations that apply to you, a statement
that there were no deviations from the
emission limitations during the reporting period.
b. If there were no periods during which the
CEMS or CPMS were out of control as
specified in § 63.8(c)(7), a statement that
there were no periods during which the
CEMS or CPMS was out of control during
the reporting period.
c. If you have a deviation from any emission
limitation during the reporting period, the report
must contain the information in
§ 63.9350(c).
d. If there were periods during which the
CEMS or CPMS were out of control, as
specified in § 63.8(c)(7), that report must
contain the information in § 63.9350(d).
e. If you had an SSM of a control device or
associated monitoring equipment during the
reporting period, the report must include the
information in § 63.10(d)(5)(i).
Semiannually, according to the requirements
in § 63.9350.
Semiannually, according to the requirements
in § 63.9350.
Semiannually, according to the requirements
in § 63.9350.
Semiannually, according to the requirements
in § 63.9350.
Semiannually, according to the requirements
in § 63.9350.

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28797

TABLE 7 TO SUBPART PPPPP OF PART 63.—APPLICABILITY OF GENERAL
PROVISIONS TO SUBPART PPPPP
As stated in 63.9365, you must comply with the General Provisions in §§ 63.1 through
63.15 that apply to you according to the following table:

Citation Subject Brief description Applies to subpart PPPPP
§ 63.1(a)(1) ..................................... Applicability ................................... General
applicability of the General
Provisions.
Yes. Additional terms defined in
§ 63.9375.
§ 63.1(a)(2)–(4) .............................. Applicability ................................... Applicability of
source categories Yes.
§ 63.1(a)(5) ..................................... [Reserved].
§ 63.1(a)(6)–(7) .............................. Applicability ................................... Contact for
source category information;
extension of compliance
through early reduction.
Yes.
§ 63.1(a)(8) ..................................... Applicability ................................... Establishment
of State rules or
programs.
No. Refers to State programs.
§ 63.1(a)(9) ..................................... [Reserved].
§ 63.1(a)(10)–(14) .......................... Applicability ................................... Explanation of
time periods, postmark
deadlines.
Yes.
§ 63.1(b)(1) ..................................... Applicability ................................... Initial
applicability .......................... Yes. Subpart PPPPP clarifies applicability
at § 63.9285.
§ 63.1(b)(2) ..................................... Applicability ................................... Title V operating
permit-reference
to part 70.
Yes. All major affected sources
are required to obtain a Title V
permit.
§ 63.1(b)(3) ..................................... Applicability ................................... Record of
applicability determination.
Yes.
§ 63.1(c)(1) ..................................... Applicability ................................... Applicability
after standards are
set.
Yes. Subpart PPPPP clarifies the
applicability of each paragraph
of subpart A to sources subject
to subpart PPPPP.
§ 63.1(c)(2) ..................................... Applicability ................................... Title V permit
requirement for
area sources.
No. Area sources are not subject
to subpart PPPPP.
§ 63.1(c)(3) ..................................... [Reserved].
§ 63.1(c)(4) ..................................... Applicability ................................... Extension of
compliance for existing
sources.
No. Existing sources are not covered
by the substantive control
requirements of subpart
PPPPP.
§ 63.1(c)(5) ..................................... Applicability ................................... Notification
requirements for an
area source becoming a major
source.
Yes.
§ 63.1(d) ......................................... [Reserved].
§ 63.1(e) ......................................... Applicability ................................... Applicability of
permit program before
a relevant standard has
been set.
Yes.
§ 63.2 ............................................. Definitions ..................................... Definitions for
Part 63 standards .. Yes. Additional definitions are
specified in § 63.9375.
§ 63.3 ............................................. Units and Abbreviations ............... Units and
abbreviations for Part
63 standards.
Yes.
§ 63.4 ............................................. Prohibited Activities ...................... Prohibited
activities; compliance
date; circumvention, severability.
Yes.
§ 63.5(a) ......................................... Construction/Reconstruction ......... Construction
and reconstruction—
applicability.
Yes.
§ 63.5(b)(1) ..................................... Construction/Reconstruction ......... Requirements
upon construction
or reconstruction.
Yes.
§ 63.5(b)(2) ..................................... [Reserved].

28798 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Rules and
Regulations

TABLE 7 TO SUBPART PPPPP OF PART 63.—APPLICABILITY OF GENERAL
PROVISIONS TO SUBPART PPPPP—Continued
As stated in 63.9365, you must comply with the General Provisions in §§ 63.1 through
63.15 that apply to you according to the following table:

Citation Subject Brief description Applies to subpart PPPPP
§ 63.5(b)(3) ..................................... Construction/Reconstruction ......... Approval of
construction ............... Yes.
§ 63.5(b)(4) ..................................... Construction/Reconstruction ......... Notification of
construction ........... Yes.
§ 63.5(b)(5) ..................................... Construction/Reconstruction ......... Compliance
................................... Yes.
§ 63.5(b)(6) ..................................... Construction/Reconstruction ......... Addition of
equipment ................... Yes.
§ 63.5(c) ......................................... [Reserved]
§ 63.5(d) ......................................... Construction/Reconstruction ......... Application for
construction reconstruction.
Yes.
§ 63.5(e) ......................................... Construction/Reconstruction ......... Approval of
construction or reconstruction.
Yes.
§ 63.5(f) .......................................... Construction/Reconstruction ......... Approval of
construction or reconstruction
based on prior State
review.
Yes.
§ 63.6(a) ......................................... Applicability ................................... Applicability of
standards and
monitoring requirements.
Yes.
§ 63.6(b)(1)–(2) .............................. Compliance Dates for New and
Reconstructed Sources.
Standards apply at effective date;
3 years after effective date;
upon startup; 10 years after
construction or reconstruction
commences for 112(f).
Yes.
§ 63.6(b)(3) ..................................... Compliance Dates for New and
Reconstructed Sources.
Compliance dates for sources
constructed or reconstructed
before effective date.
No. Compliance is required by
startup or effective date.
§ 63.6(b)(4) ..................................... Compliance Dates for New and
Reconstructed Sources.
Compliance dates for sources
also subject to § 112(f) standards.
Yes.
§ 63.6(b)(5) ..................................... Compliance Dates for New and
Reconstructed Sources.
Notification .................................... Yes.
§ 63.6(b)(6) ..................................... [Reserved].
§ 63.6(b)(7) ..................................... Compliance Dates for New and
Reconstructed Sources.
Compliance dates for new and reconstructed
area sources that
become major.
Yes.
§ 63.6(c)(1)–(2) .............................. Compliance Dates for Existing
Sources.
Effective date establishes compliance
date.
No. Existing sources are not covered
by the substantive control
requirements of subpart
PPPPP.
§ 63.6(c)(3)–(4) .............................. [Reserved].
§ 63.6(c)(5) ..................................... Compliance Dates for Existing
Sources.
Compliance dates for existing
area sources that becomes
major.
Yes. If the area source become a
major source by addition or reconstruction,
the added or reconstructed
portion will be subject
to subpart PPPPP.
§ 63.6(d) ......................................... [Reserved].
§ 63.6(e)(1)–(2) .............................. Operation and Maintenance Requirements.
Operation and maintenance ......... Yes. Except that you are not required
to have an SSMP for
control devices and associated
monitoring equipment.
§ 63.6(e)(3) ..................................... SSMP ............................................ 1. Requirement
for SSM and
SSMP.
2. Content of SSMP.
Yes.You must develop an SSMP
for each control device and associated
monitoring equipment.

Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Rules and Regulations
28799

TABLE 7 TO SUBPART PPPPP OF PART 63.—APPLICABILITY OF GENERAL
PROVISIONS TO SUBPART PPPPP—Continued
As stated in 63.9365, you must comply with the General Provisions in §§ 63.1 through
63.15 that apply to you according to the following table:

Citation Subject Brief description Applies to subpart PPPPP
§ 63.6(f)(1) ...................................... Compliance Except During SSM .. You must comply
with emission
standards at all times except
during SSM of control devices
or associated monitoring equipment.
Yes, but you must comply with
emission standards at all times
except during SSM of control
devices and associated monitoring
equipment only.
§ 63.6(f)(2)–(3) ............................... Methods for Determining Compliance.
Compliance based on performance
test, operation and maintenance
plans, records, inspection.
Yes.
§ 63.6(g)(1)–(3) .............................. Alternative Standard ..................... Procedures for
getting an alternative
standard.
Yes.
§ 63.6(h) ......................................... Opacity/Visible Emission (VE)
Standards.
Requirements for opacity/VE
standards.
No. Subpart PPPPP does not establish
opacity/VE standards
and does not require continuous
opacity monitoring systems
(COMS).
§ 63.6(i)(1)–(14) ............................. Compliance Extension .................. Procedures and
criteria for Administrator
to grant compliance
extension.
No. Compliance extension provisions
apply to existing sources,
which do not have emission
limitations in subpart PPPPP.
§ 63.6(j) .......................................... Presidential Compliance Exemption.
President may exempt source category
from requirement to comply
with rule.
Yes.
§ 63.7(a)(1)–(2) .............................. Performance Test Dates .............. Dates for
conducting initial performance
testing and other
compliance demonstrations:
Must conduct within 180 days
after first subject to rule.
Yes.
§ 63.7(a)(3) ..................................... Section 114 Authority ................... Administrator
may require a performance
test under CAA Section
114 at any time.
Yes.
§ 63.7(b)(1) ..................................... Notification Performance Test ...... Must notify
Administrator 60 days
before the test.
Yes.
§ 63.7(b)(2) ..................................... Notification of Rescheduling ......... If have to
reschedule performance
test, must notify Administrator 5
days before schedule date of
rescheduled date.
Yes.
§ 63.7(c) ......................................... Quality Assurance/Test Plan ........ 1. Requirement
to submit site-
specific test plan 60 days before
the test or on date Administrator
agrees with.
2. Test plan approval procedures
3. Performance audit requirements.
4. Internal and external QA procedures
for testing.
Yes.
Yes.
Yes.
Yes.
§ 63.7(d) ......................................... Testing Facilities ........................... Requirements
for testing facilities Yes.
§ 63.7(e)(1) ..................................... Conditions for Conducting Performance
Tests.
Performance tests must be conducted
under representative
conditions; cannot conduct performance
tests during SSM; not
a violation to exceed standard
during SSM.
Yes.
§ 63.7(e)(2) ..................................... Conditions for Conducting Performance
Tests.
Must conduct according to rule
and EPA test methods unless
Administrator approves alternative.
Yes.

28800 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Rules and
Regulations

TABLE 7 TO SUBPART PPPPP OF PART 63.—APPLICABILITY OF GENERAL
PROVISIONS TO SUBPART PPPPP—Continued
As stated in 63.9365, you must comply with the General Provisions in §§ 63.1 through
63.15 that apply to you according to the following table:

Citation Subject Brief description Applies to subpart PPPPP
§ 63.7(e)(3) ..................................... Test Run Duration ........................ 1. Must have
three test runs of at
least 1 hour each.
2. Compliance is based on arithmetic
mean of three runs.
3. Conditions when data from an
additional test run can be used.
Yes.
Yes.
Yes.
§ 63.7(e)(4) ..................................... Other Performance Testing .......... Administrator
may require other
testing under section 114 of the
CAA.
Yes.
§ 63.7(f) .......................................... Alternative Test Method ............... Procedures by
which Administrator
can grant approval to use
an alternative test method.
Yes.
§ 63.7(g) ......................................... Performance Test Data Analysis .. 1. Must include
raw data in performance
test report.
2. Must submit performance test
data 60 days after end of test
with the Notification of Compliance
Status.
3. Keep data for 5 years ..............
Yes.
Yes.
Yes.
§ 63.7(h) .........................................
§ 63.8(a)(1) .....................................
Waiver of Tests ............................
Applicability of Monitoring Requirements.
Procedures for Administrator to
waive performance test.
Subject to all monitoring requirements
in standard.
Yes.
Yes. Subpart PPPPP contains
specific requirements for monitoring
at § 63.9325.
§ 63.8(a)(2) ..................................... Performance Specifications .......... Performance
Specifications in appendix
B of part 60 apply.
Yes.
§ 63.8(a)(3) ..................................... [Reserved]
§ 63.8(a)(4) ..................................... Monitoring with Flares .................. Unless your rule
says otherwise,
the requirements for flares in
63.11 apply.
No. Subpart PPPPP does not
have monitoring requirements
for flares.
§ 63.8(b)(1) ..................................... Monitoring ..................................... Must conduct
monitoring according
to standard unless Administrator
approves alternative.
Yes.
§ 63.8(b)(2)–(3) .............................. Multiple Effluents and Multiple
Monitoring Systems.
1. Specific requirements for installing
monitoring systems.
2. Must install on each effluent
before it is combined and before
it is released to the atmosphere
unless Administrator approves
otherwise.
3. If more than one monitoring
system on an emission point,
must report all monitoring system
results, unless one monitoring
system is a backup.
Yes.
Yes.
Yes.
§ 63.8(c)(1) ..................................... Monitoring System Operation and
Maintenance.
Maintain monitoring system in a
manner consistent with good air
pollution control practices.
Yes.
§ 63.8(c)(1)(i) .................................. Routine and Predictable CMS
Malfunctions.
1. Follow the SSMP for routine
repairs of CMS.
2. Keep parts for routine repairs
of CMS readily available.
3. Reporting requirements for
SSM when action is described
in SSMP.
Yes.
Yes.
Yes.
§ 63.8(c)(1)(ii) ................................. SSM of CMS Not in SSMP .......... Reporting
requirements for SSM
of CMS when action is not described
in SSMP.
Yes.

Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Rules and Regulations
28801

TABLE 7 TO SUBPART PPPPP OF PART 63.—APPLICABILITY OF GENERAL
PROVISIONS TO SUBPART PPPPP—Continued
As stated in 63.9365, you must comply with the General Provisions in §§ 63.1 through
63.15 that apply to you according to the following table:

Citation Subject Brief description Applies to subpart PPPPP
§ 63.8(c)(1)(iii) ................................ Compliance with Operation and
Maintenance Requirements.
1. How Administrator determines
if source complying with operation
and maintenance
requirements.
2. Review of source O&M procedures,
records, manufacturer’s
instructions and recommendations,
and inspection
Yes.
§ 63.8(c)(2)–(3) .............................. Monitoring System Installation ..... 1. Must install to
get representative
emission of parameter
measurements.
2. Must verify operational status
before or at performance test.
Yes.
Yes.
§ 63.8(c)(4) ..................................... Continuous Monitoring System
(CMS) Requirements.
1. CMS must be operating except
during breakdown, out of control,
repair, maintenance, and
high-level calibration drifts.
2. COMS must have a minimum
of one cycle of sampling and
analysis for each successive
10-second period and one cycle
of data recording for each successive
6-minute period.
3. CEMS must have a minimum
of one cycle of operation for
each successive 15-minute period.
No. Follow specific requirements
in § 63.9335(a) and (b) of subpart
PPPPP.
No. Follow specific requirements
in § 63.9335(a) and (b) of subpart
PPPP.
No. Follow specific requirements
in § 63.9335(a) and (b) of subpart
PPPPP.
§ 63.8(c)(5) ..................................... COMS Minimum Procedures ........ COMS minimum
procedures ........ No. Subpart PPPPP does not
have opacity/VE standards.
§ 63.8(c)(6)–(8) .............................. CMS Requirements ...................... Zero and high-
level calibration
check requirements, out-of-control
periods.
Yes. Except that PPPP does not
require COMS.
§ 63.8(d) ......................................... CMS Quality Control ..................... 1. Requirements
for CMS quality
control, including calibration, etc.
2. Must keep quality control plan
on record for 5 years. Keep old
versions for 5 years after revisions.
Yes.
Yes.
§ 63.8(e) ......................................... CMS Performance Evaluation ...... Notification,
performance evaluation
test plan, reports.
Yes. Except for § 63.8(e)(5)(ii),
which applies to COMS.
§ 63.8(f)(1)–(5) ............................... Alternative Monitoring Method ...... Procedures for
Administrator to
approve alternative monitoring.
Yes.
§ 63.8(f)(6) ...................................... Alternative to Relative Accuracy
Test.
Procedures for Administrator to
approve alternative relative accuracy
tests for CEMS.
Yes.
§ 63.8(g) ......................................... Data Reduction ............................. 1. COMS 6-
minute averages calculated
over at least 36 evenly
spaced data points.
2. CEMS 1-hour averages computed
over at least 4 equally
spaced data points
Yes. Except that provisions for
COMS are not applicable. Averaging
periods for demonstrating
compliance are specified at
§ 63.9340.
§ 63.8(g)(5) ..................................... Data Reduction ............................. Data that cannot
be used in computing
averages for CEMS and
COMS.
No. Specific language is located
at § 63.9335(a).
§ 63.9(a) ......................................... Notification Requirements ............ Applicability and
State delegation Yes.
§ 63.9(b)(1)–(5) .............................. Initial Notifications ......................... 1. Submit
notification subject 120
days after effective date.
Yes.

28802 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Rules and
Regulations

TABLE 7 TO SUBPART PPPPP OF PART 63.—APPLICABILITY OF GENERAL
PROVISIONS TO SUBPART PPPPP—Continued
As stated in 63.9365, you must comply with the General Provisions in §§ 63.1 through
63.15 that apply to you according to the following table:

Citation Subject Brief description Applies to subpart PPPPP
2. Notification of intent to
construct/ reconstruct; notification
of commencement of
construct/ reconstruct; notification
of startup.
3. Contents of each .....................
Yes.
Yes.
§ 63.9(c) ......................................... Request for Compliance Extension.
Can request if cannot comply by
date or if installed BACT/LAER.
No. Compliance extensions do
not apply to new or reconstructed
sources.
§ 63.9(d) ......................................... Notification of Special Compliance
Requirements for New Source.
For sources that commence construction
between proposal and
promulgation and want to comply
3 years after effective date.
Yes.
§ 63.9(e) ......................................... Notification of Performance Test .. Notify
Administrator 60 days prior No. Subpart PPPPP does not require
performance testing.
§ 63.9(f) .......................................... Notification of Opacity/VE Test .... Notify
Administrator 30 days prior No. Subpart PPPPP does not
have opacity/VE standards.
§ 63.9(g)(1) ..................................... Additional Notifications when
Using CMS.
Notification of performance evaluation.
Yes.
§ 63.9(g)(2) ..................................... Additional Notifications when
Using CMS.
Notification of use of COMS data No. Subpart PPPPP does not
contain opacity or VE standards.
§ 63.9(g)(3) ..................................... Additional Notifications when
Using CMS.
Notification that exceeded criterion
for relative accuracy.
Yes. If alternative is in use.
§ 63.9(h)(1)–(6) .............................. Notification of Compliance Status 1. Contents
...................................
2. Due 60 days after end of performance
test or other compliance
demonstration, except for
opacity/VE, which are due 30
days after.
3. When to submit to Federal vs.
State authority.
Yes.
Yes.
Yes.
§ 63.9(i) .......................................... Adjustment of Submittal Deadlines.
Procedures for Administrator to
approve change in when notifications
must be submitted.
Yes.
§ 63.9(j) .......................................... Change in Previous Information ... Must submit
within 15 days after
the change.
Yes.
§ 63.10(a) ....................................... Recordkeeping/Reporting ............. 1. Applies to all,
unless compliance
extension.
2. When to submit to Federal vs.
State authority.
3. Procedures for owners of more
than one source.
Yes.
Yes.
Yes.
§ 63.10(b)(1) ................................... Recordkeeping/Reporting ............. 1. General
requirements ...............
2. Keep all records readily available.
3. Keep for 5 years .......................
Yes.
Yes.
Yes.
§ 63.10(b)(2)(i)–(v) ......................... Records Related to SSM .............. 1. Occurrence
of each of operation
(process equipment).
2. Occurrence of each malfunction
of air pollution equipment.
3. Maintenance on air pollution
control equipment.
4. Actions during SSM ..................
5. All information necessary to
demonstrate conformance with
the SSMP.
Yes.
Yes.
Yes.
Yes.
Yes.

Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Rules and Regulations
28803

TABLE 7 TO SUBPART PPPPP OF PART 63.—APPLICABILITY OF GENERAL
PROVISIONS TO SUBPART PPPPP—Continued
As stated in 63.9365, you must comply with the General Provisions in §§ 63.1 through
63.15 that apply to you according to the following table:

National Emission Standards for Hazardous Air Pollutants: Engine Test Cells / Stands